Lawyer, Family Office
EB-1A is the only US green-card category that needs neither an employer nor an investment nor a lottery — just an achievements dossier and an I-140 self-petition. For entrepreneurs and researchers who do not fit the employment logic, it is the main door to permanent US status.
How the Test Works
Formally — 3 of 10 criteria (awards, memberships, press, judging, original contributions, scholarly articles, exhibitions, a critical role, high remuneration, commercial success in the arts). But after Kazarian the review is a two-step: first the criteria one by one, then the “final merits determination” — whether the totality shows sustained national or international acclaim and a position at the top of the field. Mechanically assembled dossiers fail at step two: the criteria must add up to a story, not a checklist.
Procedure and Timelines
The I-140 self-petition is filed without an employer; premium processing returns a decision in 45 days. If you are already in the US (say, on an O-1A) and the dates are current, the I-485 can be filed concurrently — you wait inside the country with a work permit. The realistic horizon to the green card is 8–12 months to two years. A birth-country caveat: for those born in India or China the EB-1 category carries priority-date backlogs; for most other countries the dates are usually current.
Dossier Strategy
Strong petitions are built around measurable impact: what changed in the industry because of you, who cites it, which companies adopted it. Letters from independent experts outweigh letters from colleagues; an RFE (request for evidence) is a routine part of the process, not a catastrophe. The frequent combination: a year or two in the US on an O-1A, accumulating American results — then the self-petition.
The Real Price Is Tax
A green card means US tax residency from day one: worldwide income, foreign account and company reporting (FBAR, 5471), PFIC and GILTI rules for foreign structures, and an exit tax if you give the status up after 8 years. Restructure assets before the status — afterwards nearly every manoeuvre gets more expensive.
This material is an expert overview, not individual legal advice.