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EB-1A Green Card:
How to Apply Without an Employer in 2025

blog-authorDavid A. Keller, Esq.

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Posted on May 19, 2025 – Keller Law Group, LLC

A Clear and Complete Guide from Keller Law Group LLC

If you're an expert in your field and want to become a U.S. permanent resident without needing a job offer or sponsorship, the EB-1A visa might be your best path forward.

At Keller Law Group LLC, we help high-achieving individuals across the world apply for the EB-1A green card. This guide breaks down everything you need to know about how the process works, who qualifies, and how to give your application the best possible chance of success.

What Is the EB-1A Visa?

The EB-1A is a green card category (also known as an immigrant visa classification) for individuals who have achieved “extraordinary ability” in their field. This includes areas such as science, business, education, the arts, or athletics.

The EB-1A is one of the rare green cards that does not require either an employer or a family member to sponsor you. You can file it on your own, as a self-petitioner.

This visa is intentionally selective. Congress designed it to be granted only to those who can truly demonstrate they are at the top of their field.

Minimum Eligibility Requirements

To qualify for the EB-1A visa, you must:
  • Plan to continue working in your field of extraordinary ability
  • Show that your presence will benefit the United States
  • And satisfy one of the following two requirements.

Option 1: You have won a major, internationally recognized award such as a Nobel Prize, Oscar, Pulitzer, or Olympic medal.

Option 2: You meet at least 3 out of the 10 criteria listed by USCIS.

The 10 EB-1A Criteria (with Explanations and Examples)

  • Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence
    You’ve won awards that are well-known and respected in your field, even if they aren’t global household names.
    Example: You received a national “Top Researcher” award in your country’s scientific community.

  • Membership in Associations That Require Outstanding Achievements
    You belong to professional associations that only accept top-tier members based on merit.
    Example: You were elected as a Fellow of a national engineering society based on peer nominations.

  • Published Material About You in Major Media or Trade Publications
    Articles have been written about you in respected newspapers, magazines, or professional journals.
    Example: You were featured in Wired or Nature for your work in biotechnology.

  • Participation as a Judge of the Work of Others in Your Field
    You’ve served as a reviewer, evaluator, or judge of other professionals' work.
    Example: You judged submissions for a national art competition or reviewed academic research for a journal.

  • Original Contributions of Major Significance in Your Field
    You’ve developed something new that has had a measurable and important impact.
    Example: You created a data encryption protocol now used in major financial institutions.

  • Authorship of Scholarly Articles in Reputable Publications
    You’ve written expert-level content in respected journals or major media outlets.
    Example: You’ve published peer-reviewed research in The Lancet or contributed to Harvard Business Review.

  • Your Work Has Been Displayed in Artistic Exhibitions or Showcases
    Your creative work has been featured publicly in respected venues.
    Example: Your paintings were exhibited at an international gallery or museum.

  • Leading or Critical Role in Distinguished Organizations
    You’ve held a top-level or highly influential position in a well-regarded company or institution.
    Example: You served as Director of Product at a widely recognized tech firm.

  • High Salary or Compensation Compared to Others in the Field
    You earn significantly more than most people in your industry.
    Example: You earn $300,000 annually in a field where the average is $120,000.

  • Commercial Success in the Performing Arts
    You’ve had strong financial success in music, film, theater, or other performance-based work.
    Example: Your film generated millions in box office sales or your album went platinum.

Do You Need to Meet All 10 Criteria?

No. You only need to meet one of the following two conditions:
  • You’ve won a major one-time international award
  • You meet at least 3 out of the 10 criteria listed above

One piece of evidence can sometimes satisfy more than one requirement. For instance, a published research article that generated widespread media attention may count for both media coverage and original contribution.

Final Merits Determination

After you meet the initial criteria, USCIS will conduct what’s called a final merits determination. This means they will:
  • Review the total body of evidence you submitted
  • Determine whether it proves that your recognition and success are sustained and significant
  • Assess whether you’ve truly reached the top of your field

Having just one major success or a moment of fame usually isn’t enough. USCIS is looking for ongoing, consistent achievement and recognition.

Quality vs. Quantity of Evidence

When submitting your petition, focus on quality over quantity.

For example, showing your work was featured in three internationally respected exhibitions is far more persuasive than ten local shows. Similarly, three strong letters from field experts may carry more weight than ten generic ones.

Also, providing additional evidence for one strong criterion cannot make up for a weak or missing one elsewhere. Each of the three required criteria must stand on its own.

You Must Continue Working in the Same Field

After approval, you are expected to continue working in the same field for which you were granted the green card — and the work must benefit the United States.

For example, if you qualified as a professional athlete, you must keep competing or working in sports in the U.S., not switch careers entirely. Some related roles, like becoming a coach or team manager, may be acceptable, but they must clearly connect to your area of expertise.

What Happens After Form I-140 Is Approved?

For Petitioners Outside the United States

If you are applying from outside the U.S., you’ll go through consular processing. The EB-1A is a first-preference green card, and processing is typically faster than other categories. You’ll need to check the Department of State’s Visa Bulletin to ensure that a visa is currently available for your country.

Once your visa is approved and you pass your consular interview, you’ll receive your green card when you enter the United States.

For Petitioners Inside the United States

If you’re already in the U.S. and your visa priority date is current, you have two options:
  • Concurrent Filing: File Form I-140 and Form I-485 (Adjustment of Status) at the same time. This is faster, but risky — if the I-140 is denied, the I-485 is automatically denied too.

  • Separate Filing: Wait until the I-140 is approved, then file Form I-485. This is slower, but safer.

Conclusion

The EB-1A visa is one of the most powerful and flexible immigration options available. It offers a fast path to a green card and doesn’t require sponsorship. But it’s also one of the most difficult to qualify for.

That doesn’t mean it’s impossible — it just means your application must be well-documented, well-argued, and well-prepared.

At Keller Law Group LLC, we work closely with high-achieving individuals to build strong EB-1A petitions backed by persuasive evidence and strategic legal guidance.

Ready to See If You Qualify?

We offer free consultations. Let us review your background, identify your strongest qualifications, and help you craft a petition that puts your success front and center.

Contact Keller Law Group LLC today to get started.
Email: hello@kellerimmigration.com
Phone: +1 857 810 8040
Website: www.kellerimmigration.com
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About Keller Law Group, LLC

Keller Law Group, LLC specializes in immigration law, criminal defense, and personal injury cases. With a commitment to excellence and personalized service, we are here to guide you through every step of the legal process. Visit www.kellerimmigration.com to learn more

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