# EB-1A: the Extraordinary-Ability Green Card Without an Employer

> EB-1A is the only green card needing no employer and no investment: 3 of 10 criteria, the Kazarian two-step, 45-day premium processing, family included, India/China backlogs and the tax price of the status.

Author: Мария Плотникова — юрист, Family Office (https://wiki.private.law/authors/plotnikova)
Last modified: 2026-07-03T10:41:00.000Z
Canonical: https://wiki.private.law/en/eb-1a-green-card
Topics: migration
Jurisdictions: usa
Product tags: residence-permit
Semantic tags: residence-permit

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**Lawyer, Family Office**

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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](https://wiki.private.law/en/o-1-visa)) 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.

> ⚙️ Family is included: the spouse and children under 21 receive green cards together with the applicant — no separate petitions.

## 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.

> 🧭 Weigh EB-1A against the alternatives — O-1A, the [EB-5 investor green card](https://wiki.private.law/en/eb-5-investor-visa), the UK Global Talent — in the [talent & investor visa picker](https://wiki.private.law/en/visas).

## 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.

> 🍓 EB-1A is a green card for a dossier: no employer, investment or lottery. The formula — 3 of 10 criteria plus a coherent story of acclaim (the Kazarian test); family included, 45-day premium, India/China-born face queues. Plan taxes before the status: the green card brings worldwide taxation from day one.

*This material is an expert overview, not individual legal advice.*

**Related links: **[Talent & investor visa picker](https://wiki.private.law/en/visas) · [O-1A visa](https://wiki.private.law/en/o-1-visa) · [EB-5 investor green card](https://wiki.private.law/en/eb-5-investor-visa) · [US estate tax for non-residents](https://wiki.private.law/en/us-estate-tax) · [Tax residency: the basics](https://wiki.private.law/en/tax-residency-basics)

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## Factual claims

- 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.
- Formally — 3 of 10 criteria (awards, memberships, press, judging, original contributions, scholarly articles, exhibitions, a critical role, high remuneration, commercial success in the arts).
- The I-140 self-petition is filed without an employer; premium processing returns a decision in 45 days.
- 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.
- Related links: Talent & investor visa picker · O-1A visa · EB-5 investor green card · US estate tax for non-residents · Tax residency: the basics