U.S. Green Card Profile Evaluator

An applicant generally must provide evidence satisfying at least 3 of the 10 regulatory evidentiary criteria, unless a one-time major internationally recognized award is involved. Meeting the initial criteria does not by itself establish EB-1A eligibility; USCIS then conducts a final-merits determination considering the totality of the evidence, including sustained national or international acclaim and whether the applicant is among the small percentage at the top of the field.

No. The three-criteria requirement is an initial evidentiary threshold. USCIS then conducts a final-merits determination based on the totality and quality of the evidence.

Matter of Dhanasar provides a three-prong framework: 1) the proposed endeavor has both substantial merit and national importance; 2) the person is well positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job-offer and labor-certification requirements. The applicant must first qualify for the underlying EB-2 classification as an advanced-degree professional or person of exceptional ability.

No. USCIS does not use a fixed citation-count threshold for NIW eligibility. Citations can be evidence of a petitioner's record and expertise, but USCIS evaluates the proposed endeavor and the complete evidentiary record under the applicable EB-2 and Dhanasar requirements.

For a self-petitioned EB-1A or EB-2 NIW case, the Form I-140 filing fee is $715. The Asylum Program Fee is generally associated with qualifying employers filing Form I-140 and is not an additional mandatory fee for these self-petition categories. Form I-485 is generally $1,440 for an applicant age 14 or older, and premium processing for an eligible Form I-140 is $2,805.

AC21 portability can allow certain employment-based adjustment applicants to change employers after the Form I-485 has been pending for 180 days or more when the new job is in the same or similar occupational classification and the underlying employment-based petition is approved. However, USCIS specifically excludes EB-1 extraordinary-ability cases and EB-2 National Interest Waiver cases from ordinary AC21 job portability because those classifications waive the job-offer requirement.

EB-1 and EB-2 are both subject to Visa Bulletin availability and country-of-chargeability rules. EB-1 can have a more favorable priority-date position than EB-2 in some periods, but EB-1 does not bypass the Visa Bulletin or country-specific limits. Applicants should check the current Department of State Visa Bulletin and USCIS filing-chart determination before assuming an earlier I-485 filing opportunity.