A Nobel Prize is one example of a qualifying one-time achievement, but you do not need a Nobel Prize to apply for the EB-1A. You only need to satisfy at least 3 of the 10 regulatory criteria, which are accessible to researchers, engineers, Founders, and other professionals who can document recognized achievement.
USCIS requires evidence satisfying at least 3 of the 10 criteria, but meeting 3 does not guarantee approval. Your entire evidence package must demonstrate extraordinary ability and that you are among the small percentage at the very top of your field.
Both categories do not require an employer sponsor or PERM labor certification. The EB-1A requires you to be among the small percentage at the very top of your field. While the EB-2 NIW has a lower standard, it uses the three-prong national interest test under Matter of Dhanasar. For India-born nationals, the EB-2 category is “Unavailable” for the remainder of FY2026, while the EB-1 India final action date is October 2022
Yes. Both O-1A and H-1B holders may file an I-140 self-petition at any time in the United States, as long as their document evidence supports it. The O-1A and H-1B are dual-intent visas, so filing an immigrant petition does not jeopardize nonimmigrant status.
The entire processing can take from 11 months to 31 months. The timeline has two components: I-140 adjudication and I-485 or consular processing. With premium processing, USCIS takes action on the I-140 within 15 business days. For most nationalities, the priority date is current, so you can file Form I-485 concurrently with, or immediately after, Form I-140. For Indian and Chinese nationals, the total timeline is longer because the priority date is not current, and a wait is required before filing I-485.
Address: 4 W 4th Ave, San Mateo, CA 94402, United States
Email: info@beyondborderglobal.com
