Frequently Asked Questions on EB-1A Visa Category

What is the EB-1A visa category?
The EB-1A visa category is reserved for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who wish to immigrate to the United States to continue their work in their field of expertise.
Who is eligible for an EB-1A visa?
To be eligible for an EB-1A visa, an individual must demonstrate extraordinary ability in their field through sustained national or international acclaim. They must provide evidence of their achievements and recognition in the form of awards, publications, memberships, or other relevant criteria.
What are the criteria for demonstrating extraordinary ability under the EB-1A category?

The criteria for demonstrating extraordinary ability include:

Receipt of major awards or prizes.

Membership in associations that require outstanding achievements.

Published material about the individual's work.

Participation as a judge of the work of others.

Original contributions of major significance in the field.

Evidence of the individual's work being displayed or showcased.

High salary or remuneration in relation to others in the field.

Can I self-petition for an EB-1A visa?
Yes, individuals with extraordinary ability can self-petition for an EB-1A visa without the need for an employer sponsor. They must demonstrate their eligibility through the submission of evidence of their achievements and recognition in their field.
Is there a specific list of documents required for the EB-1A petition?
While there is no specific list of required documents, individuals applying for an EB-1A visa typically submit evidence such as awards, publications, media recognition, letters of recommendation from experts in their field, and other relevant documentation to support their petition.
How long does the EB-1A petition process take?
Processing times for EB-1A petitions can vary depending on factors such as the volume of applications, the complexity of the case, and the USCIS service center processing the petition. Generally, it can take several months to over a year for an EB-1A petition to be processed.
Can I include my family members in my EB-1A petition?
Yes, individuals applying for an EB-1A visa can include their spouse and unmarried children under the age of 21 as derivative beneficiaries on their petition. Each family member must meet the eligibility criteria for derivative benefits under the EB-1A category.
What happens after USCIS approves the EB-1A petition?
Once USCIS approves the EB-1A petition, the individual may be eligible to apply for adjustment of status (Form I-485) if they are in the United States, or they may need to apply for an immigrant visa at a U.S. embassy or consulate abroad if they are outside the United States.
Can I appeal a denial of my EB-1A petition?
Yes, individuals have the option to appeal a denial of their EB-1A petition to the Administrative Appeals Office (AAO) if they believe that the denial was incorrect or unjustified.
Can I apply for a green card (permanent residency) through the EB-1A category?
Yes, individuals with approved EB-1A petitions may be eligible to apply for a green card through employment-based immigration pathways, either through adjustment of status in the United States or through consular processing abroad.


Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again.


Inderjit handled our immigration matter in reference to my parents. We approached him and found him extremely pleasant to work with. In addition to his knowledge of the law, he guided us very well throughout the process. I would recommend him very strongly to anyone in matter of immigration.

Ajay (Avvo Reviewer)


Fill out the contact form or call us at 408.981.7696 to schedule your consultation.