How business leaders and executives prove extraordinary ability for the EB-1A green card with revenue, awards, and leadership evidence.
How business leaders and executives prove extraordinary ability for the EB-1A green card with revenue, awards, and leadership evidence.
Business leaders can self-petition for the EB-1A green card by demonstrating extraordinary ability through at least 3 of 10 criteria under 8 CFR 204.5(h)(3). Common evidence includes leading distinguished organizations (Criterion 8), commanding high compensation (Criterion 9), industry awards (Criterion 1), and media coverage (Criterion 3). The I-140 filing fee is $715 plus $600 Asylum Program Fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
Business leaders qualify for the EB-1A under the "business" field by meeting at least 3 of 10 criteria plus a final merits determination.
The most common criteria for executives include critical role at distinguished organizations (Criterion 8), high salary (Criterion 9), awards (Criterion 1), and published material (Criterion 3).
No degree is required - qualification is based entirely on demonstrated extraordinary ability and sustained acclaim.
The I-140 filing fee is $715 plus $600; premium processing adds $2,805 ($2,965 after March 1, 2026).
EB-1A priority dates are generally current, making total green card timeline potentially 6-18 months.
C-suite executives at companies generating $50M+ in revenue with documented personal impact build the strongest cases.
Filing both EB-1A and EB-2 NIW simultaneously is a common dual-filing strategy for business leaders.
Business leaders qualify for the EB-1A under the "business" field by meeting at least 3 of 10 criteria plus a final merits determination.
The most common criteria for executives include critical role at distinguished organizations (Criterion 8), high salary (Criterion 9), awards (Criterion 1), and published material (Criterion 3).
No degree is required - qualification is based entirely on demonstrated extraordinary ability and sustained acclaim.
The I-140 filing fee is $715 plus $600; premium processing adds $2,805 ($2,965 after March 1, 2026).
EB-1A priority dates are generally current, making total green card timeline potentially 6-18 months.
C-suite executives at companies generating $50M+ in revenue with documented personal impact build the strongest cases.
Filing both EB-1A and EB-2 NIW simultaneously is a common dual-filing strategy for business leaders.
The EB-1A green card allows business leaders who have risen to the very top of their field to self-petition for U.S. permanent residency. Under 8 CFR 204.5(h), applicants must demonstrate extraordinary ability through sustained national or international acclaim in business.
For executives, the EB-1A is particularly attractive because it requires no employer sponsorship, no job offer, and no PERM labor certification. Priority dates are generally current for most countries, meaning significantly faster green card timelines compared to the EB-2 or EB-3 categories.
Learn more about the EB-1A green card
Ernst & Young Entrepreneur of the Year, Fortune 40 Under 40, Forbes lists
Industry-specific awards (Deloitte Technology Fast 500, Inc. 5000 - if tied to individual leadership)
Chamber of commerce or trade association leadership awards
Evidence of selectivity: nomination process, number of nominees, selection criteria
Profiles in Forbes, Bloomberg, Wall Street Journal, Harvard Business Review
Features in industry trade publications
Podcast or TV appearances on major business platforms
Coverage must be about the individual, not just the company
Investment committee service evaluating business proposals
Judging panels for business awards or competitions
Advisory board roles evaluating strategic decisions
Mentoring at accelerators or incubators (with documented selection/judging roles)
Pioneering business models adopted by the industry
Innovative strategies that transformed markets or created new market segments
Business process patents
Products or services that significantly impacted the industry
CEO, COO, CFO, CTO, or other C-suite positions
Evidence of organization's distinction: revenue ($50M+), Fortune rankings, notable clients, funding
Evidence of personal impact: revenue growth percentages, market expansion, successful exits, product launches
This is typically the strongest criterion for executives
Total compensation in the top 5% for the role and location
Include salary, bonuses, equity, stock options, profit sharing
Evidence: W-2s, offer letters, equity agreements, comparative data from executive compensation surveys
The key challenge for business leaders is distinguishing personal achievements from company success. USCIS evaluates the individual, not the organization. Every piece of evidence must connect company milestones directly to the executive's personal leadership and decisions.
Strong evidence includes:
Board presentations authored by the executive showing strategic decisions
Before-and-after metrics tied to the executive's tenure (revenue growth from $10M to $100M)
Product launches or market entries led by the executive with documented results
M&A transactions led by the executive with valuations and outcomes
Investor decks or press releases attributing success to the executive's leadership
6-10 letters from board members, investors, industry peers, and analysts
At least 4 from independent experts outside the executive's company
Each letter must reference specific achievements with quantified results
Strong recommenders: Fortune 500 CEOs, VC partners, industry analysts, board members of other companies
Step 1: Identify 3-5 qualifying criteria and compile evidence. Step 2: Build detailed evidence packets with context and independent validation. Step 3: Obtain 6-10 recommendation letters. Step 4: File Form I-140 ($715 + $600). Add premium processing if desired ($2,805). Step 5: USCIS adjudication (6-19 months standard, 15 business days premium). Step 6: File I-485 or complete consular processing when priority date is current.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing | 6-19 months |
Premium processing | 15 business days |
I-485 filing fee | $1,440 |
Attorney fees | $5,000-$20,000 |
EB-1 priority date | Generally current (most countries) |
Feature | EB-1A (Green Card) | O-1A (Temporary Visa) |
|---|---|---|
Visa Type | Immigrant (permanent) | Nonimmigrant (temporary) |
Self-Petition | Yes | No (employer/agent required) |
Criteria | 3 of 10 + final merits | 3 of 8 criteria |
Evidence Standard | Extraordinary ability (very top of field) | Extraordinary ability (top of field) |
Duration | Permanent | Up to 3 years + unlimited extensions |
Premium Processing | 15 business days | 15 business days |
Filing Fee | $715 + $600 (I-140) | $1,055 + $600 (I-129) |
Best For | Leaders ready for permanent residency | Leaders needing immediate work authorization |
Learn more about the O-1A visa
A company's revenue growth does not automatically demonstrate the executive's extraordinary ability. Evidence must show the executive's specific decisions and actions that drove results.
Strong internal performance without external validation (awards, media, industry recognition) fails the "sustained national or international acclaim" requirement.
Letters that simply confirm titles and responsibilities add no value. Each letter must include specific data points, achievements, and expert assessment of why the executive is at the very top.
A single achievement (such as one successful exit) may not demonstrate sustained acclaim. Show a multi-year trajectory of extraordinary accomplishments.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
The EB-1A green card allows business leaders who have risen to the very top of their field to self-petition for U.S. permanent residency. Under 8 CFR 204.5(h), applicants must demonstrate extraordinary ability through sustained national or international acclaim in business.
For executives, the EB-1A is particularly attractive because it requires no employer sponsorship, no job offer, and no PERM labor certification. Priority dates are generally current for most countries, meaning significantly faster green card timelines compared to the EB-2 or EB-3 categories.
Learn more about the EB-1A green card
Ernst & Young Entrepreneur of the Year, Fortune 40 Under 40, Forbes lists
Industry-specific awards (Deloitte Technology Fast 500, Inc. 5000 - if tied to individual leadership)
Chamber of commerce or trade association leadership awards
Evidence of selectivity: nomination process, number of nominees, selection criteria
Profiles in Forbes, Bloomberg, Wall Street Journal, Harvard Business Review
Features in industry trade publications
Podcast or TV appearances on major business platforms
Coverage must be about the individual, not just the company
Investment committee service evaluating business proposals
Judging panels for business awards or competitions
Advisory board roles evaluating strategic decisions
Mentoring at accelerators or incubators (with documented selection/judging roles)
Pioneering business models adopted by the industry
Innovative strategies that transformed markets or created new market segments
Business process patents
Products or services that significantly impacted the industry
CEO, COO, CFO, CTO, or other C-suite positions
Evidence of organization's distinction: revenue ($50M+), Fortune rankings, notable clients, funding
Evidence of personal impact: revenue growth percentages, market expansion, successful exits, product launches
This is typically the strongest criterion for executives
Total compensation in the top 5% for the role and location
Include salary, bonuses, equity, stock options, profit sharing
Evidence: W-2s, offer letters, equity agreements, comparative data from executive compensation surveys
The key challenge for business leaders is distinguishing personal achievements from company success. USCIS evaluates the individual, not the organization. Every piece of evidence must connect company milestones directly to the executive's personal leadership and decisions.
Strong evidence includes:
Board presentations authored by the executive showing strategic decisions
Before-and-after metrics tied to the executive's tenure (revenue growth from $10M to $100M)
Product launches or market entries led by the executive with documented results
M&A transactions led by the executive with valuations and outcomes
Investor decks or press releases attributing success to the executive's leadership
6-10 letters from board members, investors, industry peers, and analysts
At least 4 from independent experts outside the executive's company
Each letter must reference specific achievements with quantified results
Strong recommenders: Fortune 500 CEOs, VC partners, industry analysts, board members of other companies
Step 1: Identify 3-5 qualifying criteria and compile evidence. Step 2: Build detailed evidence packets with context and independent validation. Step 3: Obtain 6-10 recommendation letters. Step 4: File Form I-140 ($715 + $600). Add premium processing if desired ($2,805). Step 5: USCIS adjudication (6-19 months standard, 15 business days premium). Step 6: File I-485 or complete consular processing when priority date is current.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing | 6-19 months |
Premium processing | 15 business days |
I-485 filing fee | $1,440 |
Attorney fees | $5,000-$20,000 |
EB-1 priority date | Generally current (most countries) |
Feature | EB-1A (Green Card) | O-1A (Temporary Visa) |
|---|---|---|
Visa Type | Immigrant (permanent) | Nonimmigrant (temporary) |
Self-Petition | Yes | No (employer/agent required) |
Criteria | 3 of 10 + final merits | 3 of 8 criteria |
Evidence Standard | Extraordinary ability (very top of field) | Extraordinary ability (top of field) |
Duration | Permanent | Up to 3 years + unlimited extensions |
Premium Processing | 15 business days | 15 business days |
Filing Fee | $715 + $600 (I-140) | $1,055 + $600 (I-129) |
Best For | Leaders ready for permanent residency | Leaders needing immediate work authorization |
Learn more about the O-1A visa
A company's revenue growth does not automatically demonstrate the executive's extraordinary ability. Evidence must show the executive's specific decisions and actions that drove results.
Strong internal performance without external validation (awards, media, industry recognition) fails the "sustained national or international acclaim" requirement.
Letters that simply confirm titles and responsibilities add no value. Each letter must include specific data points, achievements, and expert assessment of why the executive is at the very top.
A single achievement (such as one successful exit) may not demonstrate sustained acclaim. Show a multi-year trajectory of extraordinary accomplishments.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
Can a CEO self-petition for the EB-1A without employer sponsorship?
Yes. The EB-1A allows self-petition. Business leaders file Form I-140 on their own behalf without needing an employer sponsor, job offer, or PERM labor certification. The executive must demonstrate intent to continue working in their field of extraordinary ability in the United States.
Can a CEO self-petition for the EB-1A without employer sponsorship?
What revenue level makes an organization "distinguished" for EB-1A Criterion 8?
There is no official revenue threshold. USCIS evaluates distinction through multiple factors including revenue, industry rankings, media recognition, notable clients, and funding. Companies generating $50M+ in annual revenue with recognized brand presence generally qualify. Smaller companies can qualify if they have other markers of distinction such as major clients, industry awards, or significant funding.
What revenue level makes an organization "distinguished" for EB-1A Criterion 8?
Should business leaders file EB-1A or EB-2 NIW?
Many business leaders file both simultaneously as a dual-filing strategy. The EB-1A has a higher evidence bar but generally current priority dates (faster green card). The EB-2 NIW has a lower bar but longer wait times. Filing both costs $715 + $600 per petition but maximizes chances. The EB-1A premium processing is also faster (15 business days vs 45 for NIW).
Should business leaders file EB-1A or EB-2 NIW?
How long does the EB-1A take for business leaders in 2026?
With premium processing ($2,805), USCIS guarantees I-140 action within 15 business days. Since EB-1A priority dates are generally current for most countries, executives can file I-485 immediately after approval. The total timeline from filing to green card can be as short as 6-12 months, significantly faster than the EB-2 NIW path (which involves 1-2+ year priority date waits for most countries).
How long does the EB-1A take for business leaders in 2026?
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