Self-petition for a U.S. Green Card as an individual with extraordinary ability — no employer sponsor, no PERM required. Attorney Shair builds compelling EB-1A petitions for scientists, researchers, executives, artists, and athletes.
The EB-1A immigrant visa category — the first preference employment-based category — is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It is a self-petition category: no employer sponsor, no job offer, and no PERM labor certification are required. You petition on your own behalf by demonstrating that you have sustained national or international acclaim and that your achievements have been recognized in the field through extensive documentation.
To qualify, you must demonstrate extraordinary ability by meeting at least 3 of 10 regulatory criteria established by USCIS — and then satisfy a final merits determination showing that your evidence, taken as a whole, establishes you as one of the small percentage at the very top of your field. Under Matter of Kazarian, USCIS applies this two-step analysis to every EB-1A petition.
"EB-1A is the gold standard of employment-based immigration — and building a winning petition requires more than strong evidence. It requires a compelling legal argument that connects your achievements to the regulatory standard. That is Attorney Shair's specialty."
USCIS has established 10 regulatory criteria for EB-1A. You must demonstrate you meet at least 3 — then satisfy the final merits determination showing sustained national or international acclaim.
EB-1A requires demonstrating that you are 'one of that small percentage who have risen to the very top of the field of endeavor.' Under Matter of Kazarian (9th Cir. 2010), USCIS applies a two-step analysis: (1) you must meet at least 3 of the 10 regulatory criteria, and (2) a final merits determination must show that your evidence demonstrates sustained national or international acclaim at the very top of your field — not just superior achievement. Attorney Shair analyzes both steps carefully before filing.
You must meet at least 3 of the 10 regulatory criteria — but meeting exactly 3 is not sufficient on its own. The final merits determination requires that the totality of your evidence demonstrates sustained national or international acclaim consistent with being one of the small percentage at the very top of your field. Attorney Shair recommends building the strongest possible case across as many applicable criteria as possible to satisfy both the numerical threshold and the final merits analysis.
Yes — and Attorney Shair often recommends a dual-track strategy for clients who qualify. An O-1A visa provides immediate nonimmigrant work authorization while the EB-1A Green Card petition is pending. Both petitions use similar evidence and standards — filing them together leverages the same evidentiary record and provides immigration security at two levels simultaneously.
Both EB-1A and EB-2 NIW are self-petition categories that do not require an employer sponsor or PERM. The key differences: EB-1A requires demonstrating extraordinary ability — the very top of your field — with sustained national or international acclaim. EB-2 NIW requires an advanced degree or exceptional ability, plus proof that your work has substantial merit, national importance, and that it benefits the U.S. to waive the job offer requirement. EB-1A has a higher burden but generally has faster priority dates. Attorney Shair evaluates which — or both — is appropriate for your profile.
EB-1A petitions succeed or fail on the quality of the legal brief and the strength of the evidentiary presentation. Attorney Shair has deep experience analyzing EB-1A profiles across multiple fields — from STEM researchers and professors to business executives and performing artists. He knows what USCIS officers look for, how to frame evidence to satisfy the final merits determination, and how to respond to RFEs that challenge specific criteria.
Attorney Shair evaluates your profile against all 10 EB-1A criteria and builds the strongest possible petition — free consultation, no obligation.