1. What does the phrase "extraordinary ability" mean in the context of EB1A?

In the context of EB1A, extraordinary ability refers to individuals who have achieved sustained national or international acclaim and are recognized as being at the very top of their field in sciences, arts, education, business, or athletics.

To qualify, an applicant must either:

• Have received a major internationally recognized award (such as a Nobel Prize), or

• Meet at least three out of ten USCIS criteria, such as high-impact publications, high salaries, media recognition, or leading roles in distinguished organizations.

Additionally, USCIS conducts a Final Merit Determination to ensure the applicant’s overall contributions demonstrate exceptional expertise significantly above the norm and that they will continue working in their field in a way that benefits the U.S.

​

2. What are the advantages of EB1A over employer-sponsored EB1B or EB1C?

The EB1A category offers several advantages over employer-sponsored EB1B (Outstanding Professors and Researchers) and EB1C (Multinational Managers and Executives):

1. Self-Petition (No Employer Sponsorship Required) – Unlike EB1B and EB1C, which require an employer to file the petition, EB1A allows self-petitioning, giving applicants full control over their Green Card process without depending on a job offer or employer sponsorship.

2. No PERM Labor Certification – EB1A applicants do not have to go through the complex and time-consuming PERM labor certification process, which is required for many employer-sponsored Green Cards.

3. Faster Processing & Priority Date Advantage – Since EB1A is a first-preference Green Card category, it often has shorter processing times and no visa backlog (except for some countries like India and China). This can lead to a faster Green Card approval compared to EB1B or EB1C.

4. More Flexibility in Career Choices – EB1A applicants are not tied to a specific employer, meaning they can change jobs, start their own business, or work independently in their field without jeopardizing their immigration status. EB1B and EB1C require continued employment with the sponsoring employer.

5. Global Recognition of Extraordinary Ability – The EB1A classification is considered the most prestigious employment-based Green Card, as it is reserved for individuals at the top of their field. This recognition can enhance career opportunities both in the U.S. and internationally.

For professionals seeking independence, career flexibility, and a streamlined process, EB1A is often the preferred choice over EB1B or EB1C.

​

3. Many attorneys have told me that my citation count is lower than 300 and therefore I don’t qualify for EB1A. How can Green Scientist help?

USCIS does not require a minimum citation count for EB1A. While many attorneys focus heavily on citations, Green Scientist takes a holistic approach by highlighting your original contributions, peer review work, media coverage, and leadership roles. Our team includes scientific advisors who have successfully obtained EB1A, working alongside top immigration attorneys to refine your petition through multiple iterations. We ensure your case is strategically framed to meet USCIS standards, even with low citations. Send us your CV and Google Scholar link for a free profile evaluation, at consultation@greenscientistllc.com and we’ll assess your strongest path forward.

​

4. My EB1A was previously denied, and I’m skeptical it may be rejected again. Should I even try?

A previous denial does not mean you are ineligible. Often, denials result from poor petition strategy, weak evidence presentation, or lack of strong legal arguments—not a lack of qualifications.  At Green Scientist, we analyze past denials, identify weaknesses, and strategically rebuild your case with a stronger narrative. Our expert team—including scientific advisors who have secured EB1A themselves—works alongside top immigration attorneys to refine and strengthen your petition for success. Send us your past denial notice and CV for a free evaluation, and we’ll assess the best way forward.

​

5. I have an O1A approved. Does that guarantee an EB1A approval?

No, an O1A approval does not guarantee EB1A approval, but it significantly strengthens your case. Both categories require extraordinary ability, but EB1A has stricter requirements, particularly in the Final Merit Determination (FMD) stage. The Final Merit Determination evaluates whether you have sustained national or international acclaim and whether your contributions will continue to benefit the U.S. in the long term. Simply meeting the three out of ten EB1A criteria is not enough—your case must demonstrate exceptional impact beyond just fulfilling the minimum requirements. At Green Scientist, we build on your O1A approval, refine your evidence for FMD, and strategically present your case to maximize approval chances. Send us your CV for a free evaluation!

​

6. I might need to change my employment during I-140 processing for EB1A. What do you advise?

Changing employment during the I-140 processing for EB1A is possible, as EB1A does not require a specific job offer, allowing you flexibility. However, you must ensure that your new role is still in line with your field of expertise and demonstrates ongoing contributions that benefit the U.S.

Regarding pending I-140: You can change employers during the I-140 process, but the Final Merit Determination (FMD) will still consider the continued contributions of your work in the field. If you're applying under EB1A, as long as your new job aligns with your expertise and the benefits to the U.S., your case can continue without issue. At Green Scientist, we recommend evaluating your case thoroughly before making a job change, ensuring that your new role reinforces your EB1A case. Reach out to us with your updated CV for a free consultation to discuss your specific situation!

​​

7. Can I travel internationally and/or to my home country during a pending I-140 process for EB1A?

Yes, you can travel internationally while your I-140 petition is pending. However, there are several important considerations to keep in mind:

1. Impact on Status: If you are outside the U.S. while your I-140 is pending, your ability to re-enter the U.S. might be affected, especially if you intend to adjust your status to permanent residency (I-485). Make sure your visa status, whether F1, J1, H1B, or O1A, allows for re-entry during this process.

   • F1/J1 Visa Holders: Traveling abroad while on F1 or J1 status may require a valid visa stamp for re-entry. If you plan to apply for Adjustment of Status (I-485) upon your I-140 approval, you should consult an immigration attorney to ensure your travel won’t interfere with your process.

   • H1B Holders: H1B holders can travel, but must ensure that their H1B visa remains valid for re-entry. You may also need to apply for an H1B extension or visa stamp depending on your situation.

   • O1A Holders: If you hold an O1A visa, you can travel without negatively impacting your I-140 process. However, if your O1A status is nearing expiration, you should take steps to renew it before traveling.

2. I-485 Application: If you have already filed for Adjustment of Status (I-485), traveling while it’s pending requires filing for Advance Parole (Form I-131). This allows you to return to the U.S. while your I-485 is pending without jeopardizing your application.

3. No Impact on I-140 Approval: Traveling does not directly impact your I-140 approval, but if you're outside the U.S., you may need to ensure you can re-enter once your I-140 is approved and your I-485 (or immigrant visa interview) is ready.

To avoid complications, we strongly recommend consulting with an immigration attorney to ensure you have the proper documentation before traveling. We provide this consultation to our active clients. 

​

8. I am on a single-intent visa such as F1 or J1. Can I apply for EB1A I-140?

Yes, you can apply for an EB1A I-140 while on a single-intent visa such as F1 or J1. However, there are some important factors to consider:

1. Nonimmigrant Visa Status: F1 and J1 visas are typically considered single-intent visas, meaning they are issued with the expectation that the visa holder will not seek permanent residency while in the U.S. This can create some concerns regarding your immigrant intent when applying for an EB1A, as EB1A petitions are for individuals seeking to immigrate permanently to the U.S.

2. Adjusting Status: If your EB1A I-140 petition is approved and you wish to adjust your status to permanent residency (via I-485), you can do so if you are in the U.S. However, to file for Adjustment of Status (I-485), you must demonstrate dual intent. This means you must show that you intend to stay temporarily on your F1 or J1 visa but also plan to adjust to permanent residency. While F1 and J1 visas are typically single-intent, USCIS allows for dual intent in some cases, especially if you have already filed an EB1A petition.

3. Travel Considerations: If you are on F1 or J1 status, be cautious about traveling abroad while your EB1A is pending. Re-entering the U.S. may require a valid visa stamp, and leaving the U.S. can sometimes raise questions about your intent, especially if you are seeking permanent residency.

In summary, while being on a single-intent visa like F1 or J1 does not prevent you from applying for EB1A, you should be aware of the potential complications regarding your immigrant intent. We strongly recommend consulting with an experienced immigration attorney to ensure the best approach for your specific situation.

​

9. If my EB1A I-140 is approved, can my spouse work in the USA?

Yes, if your EB1A I-140 petition is approved, your spouse may be eligible to apply for work authorization in the U.S. through the Form I-765 (Application for Employment Authorization), provided that you and your spouse meet certain criteria:

1. If Adjusting Status (I-485): If you have filed for Adjustment of Status (I-485), your spouse can apply for work authorization as a dependent applicant. Once your I-485 is filed and while it is pending, your spouse can apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S. during the adjustment process.

2. If Outside the U.S.: If your spouse is outside the U.S. and you are applying for a visa at a consulate, your spouse will need to apply for an immigrant visa and, upon entering the U.S. as a lawful permanent resident, they can work immediately. This is part of the green card process after your EB1A is approved.

3. Change of Status or Visa: If your spouse is already in the U.S. on a visa such as H-4 (dependent of H-1B), F-2 (dependent of F-1), or J-2 (dependent of J-1), the eligibility for employment authorization can vary. An approved EB1A I-140 can allow for H-4 EAD or other work options depending on the current status.

In short, once your EB1A I-140 is approved, your spouse may be eligible to apply for work authorization if you are adjusting status or, if applicable, based on their current visa status.

​

10. My profile is constantly improving but may not be ready for meeting the high standard of EB1A. What should I do to secure the priority date?

If you're working towards strengthening your profile but aren’t quite ready to meet the high standards of EB1A, securing a priority date early is still a crucial step in the immigration process. Here's what you can do:

File for NIW (National Interest Waiver) First: If you're not yet ready for EB1A, the National Interest Waiver (NIW) could be a strategic choice. The NIW has less stringent eligibility criteria and allows you to self-petition for permanent residency. It doesn’t require employer sponsorship, and it gives you the opportunity to secure your priority date while continuing to improve your profile for EB1A. As you build your qualifications, you can later transition to EB1A if your profile strengthens. This approach ensures you're not missing out on securing your place in the green card queue while actively working on improving your qualifications for EB1A down the line. 

​

11. Can Green Scientist guide me in improving my profile for EB1A I-140?

Absolutely! Green Scientist offers comprehensive support to help you improve your profile for EB1A. Our team of scientific advisors and legal experts can guide you through the process of strengthening your qualifications to meet the high standards of EB1A. Here's how we can assist you:

1. Proprietary Extraordinary Guidebook: We provide you with a step-by-step guide designed to help you identify and leverage your achievements to strengthen your EB1A case. The guide covers everything from publication strategies to demonstrating the impact of your work.

2. Scientific Consultation: Our scientific advisors work closely with you to assess your research, publications, and overall impact. We provide tailored advice based on personal experiences and successful case strategies, ensuring your profile is strategically positioned for success.

3. Ongoing Support: Our team offers continuous support throughout your application process, helping you refine your qualifications, optimize your documentation, and ensure that your profile aligns with the EB1A requirements.

If you're ready to take the next step, send us your updated CV and Google Scholar link for a personalized evaluation and to get started on strengthening your profile!

​

12. Why should I consider Green Scientist for EB1A I-140 filing when my friends are working with immigration firms that charge relatively lesser fees?

While cost is a consideration, the value of working with Green Scientist far outweighs just the price. Here’s why we’re the right choice:

1. Comprehensive Expertise: You’ll benefit from not only legal experts but also scientific advisors who specialize in EB1A petitions. Our team works together to ensure your case is as strong as possible by reviewing your qualifications and aligning them with EB1A standards.

2. Personalized Support: With unlimited Q&A support until your petition is filed, we provide clear, step-by-step guidance. We ensure you’re never left in the dark and answer all your questions promptly.

3. Extraordinary e-Guidebook: Our proprietary guidebook walks you through the EB1A criteria, identifies areas where you can improve in a short period, and gives you actionable resources. It also outlines the do’s and don’ts, key tactics to avoid RFEs, and strategies to improve your petition.

4. Detailed Scientific Review: Our scientific team collaborates with you to refine your application through multiple iterations, ensuring your legal brief and supporting materials are as strong as possible. We’re dedicated to making your petition 10X stronger.

5. Proven Track Record: We prioritize quality over quantity, ensuring that each case receives the time and attention it deserves. By working with us, you increase your chances of approval while avoiding costly delays and RFEs.

6. Limited Number of Cases: We intentionally handle a limited number of cases at a time to provide focused, high-quality attention to each client. We don’t take your case lightly because we understand the impact it has on your career and your family’s future—we’ve been in your shoes.

7. Long-Term Value: While others may charge less, Green Scientist’s expertise can save you time, reduce the risk of rejection, and lead to a faster, smoother process. Our approach ensures long-term success, rather than just a low-cost, high-risk option. 

This decision impacts not only your career but also your freedom to travel and the future of your spouse and family. It’s crucial to be careful when choosing who represents your Green Card process. When you choose Green Scientist, you choose a dedicated, professional team that’s invested in your success. We ensure that your EB1A petition stands the best chance of approval because your future and career matter to us. If you’re ready, send us your CV and Google Scholar link for a personalized evaluation.

​

13. How difficult is it to get an EB1A approved? What is the approval rate in 2024 and 2025 by USCIS statistically?

The EB1A (Extraordinary Ability) category is highly competitive and requires applicants to meet stringent criteria, including demonstrating significant achievements in their field, such as original contributions, awards, and publications. While the USCIS approval rate for EB1A is around 60.65%, the process can be challenging due to the high standards and documentation required to prove extraordinary ability. Applicants need to show that their work has national or international recognition and that their contributions have had a significant impact in their area of expertise. Failure to meet these criteria or provide sufficient evidence can result in denial, which contributes to the denial rate of 23.32%.

However, it's important to note that working with experienced professionals can greatly improve your chances of success. At Green Scientist, our track record has been exceptional, with a 100% approval rate for EB1A cases in 2022 and 2023. In 2024, our approval rate is 99.9%, reflecting our expertise in navigating the complexities of the EB1A petition process and delivering high-quality results for our clients.

​

14.  I am a citizen of India/China, and I am considering filing both NIW I-140 followed by EB1A I-140. Do you offer any discounts?

Yes, we do offer a bundle package discount once you're ready to file your EB1A petition with us after your NIW I-140. To get specific details on the discount and how we can assist you with both filings, please email us at consultation@greenscientistllc.com, and we will provide you with all the information you need.

​

15.  What are the fees for EB1A I-140 in 2025?

The USCIS fees for filing an NIW I-140 petition in 2025 are as follows:

• EB1A I-140 Filing Fee: $715

• Asylum Program Fee: If you are filing a self-petition, the fee is $300.

• Premium Processing Fee (optional): $2,805 (for expedited processing, which guarantees a decision within 15 calendar days). Please note that premium processing has recently slowed down, with processing times extending up to 45 days or more since January 2025.

• Green Scientist fees: We charge flat fees for EB1A I-140, which include the legal immigration lawyer and paralegal fees, as well as "optional" scientific advisory fees. Be sure to check if you are eligible for any ongoing discounts during your call.

​

​16.  I am a PhD student/Postdoc and experiencing financial hardship. Do you offer payment in installments?

We understand the financial challenges that come with this crucial process, especially for PhD students and Postdocs. At Green Scientist, we empathize with the financial hardship many applicants face and don’t want you to compromise on your career journey. Therefore, we offer interest-free installments to support you, making it easier for you to focus on advancing your career while we assist you with your immigration goals.

​

17. Does my spouse need to meet the EB1A I-140 criteria to get a Green Card along with me?

No, your spouse does not need to meet the EB1A I-140 criteria to obtain a Green Card along with you. When you file for an NIW and are granted approval, your spouse and any eligible dependents (children under 21) can apply for derivative Green Cards as part of your application. They will be granted a Green Card based on your successful petition, but they do not need to fulfill the NIW criteria themselves.

 

18. I am unsure whether to pursue NIW or EB1A and am considering Green Scientist for my case. How can I discuss my case with your team?

If you're uncertain whether NIW or EB1A is the best path for you, we invite you to contact Green Scientist for a comprehensive consultation. Our team of immigration attorneys and scientific advisors will help you assess your case, understand the requirements, and choose the most strategic approach. To get started, simply send your updated CV and supporting documentation (such as publications, awards, media mentions, etc.) for a free profile evaluation to consultation@greenscientistllc.com. Once we receive your profile, our scientific and legal team will review it and set up a call with our Client Success Manager and other team members, as needed, to discuss the best course of action for your case.

​