The two-step framework (Kazarian)
USCIS uses a two-step analysis from Kazarian v. USCIS (2010):
- Step 1 — Criteria count. Do you meet at least 3 of the 10 criteria (or have a one-time major award)? This is objective.
- Step 2 — Final merits. Looking at everything together, are you among the small percentage at the very top of your field with sustained acclaim? This is subjective — and where strong-looking cases fail.
So 3 criteria is the entry ticket, not the finish line.
How to self-petition: steps, fees & timeline (2026)
EB-1A is one of only two categories you can file yourself — no employer and no PERM labor certification. The petition (Form I-140) is the gate; the green card itself comes one or two steps later.
Fees & timeline (2026)
| Item | Amount / Time |
|---|---|
| Form I-140 filing fee | $715 paper / $665 online |
| Asylum Program Fee (self-petitioner) | $300 |
| I-140 subtotal (filing fee + Asylum Program Fee) | $1,015 paper / $965 online |
| Premium processing (Form I-907) — optional | $2,965 / 15 business days |
| I-140 regular processing | See USCIS processing times |
USCIS fees only; attorney fees are separate and set by each firm.
Why the petition framing decides it
EB-1A approval turns on the subjective "final merits" stage, where a profile that technically meets 3 criteria can still be denied if the overall acclaim isn't persuasive. A complete, well-argued first petition is the single biggest factor — which is why a review by a specialist attorney before filing is worth considering.
Documents to prepare
- Evidence for each claimed criterion (awards, publications, judging, salary records, etc.).
- Recommendation/expert letters and a petition cover argument.
- Passport, current immigration status documents, and Form I-140.
- For step 5: medical exam (I-693), and I-485 or DS-260 supporting documents.
Frequently asked questions
Do I need a job offer?
No. EB-1A allows self-petition (you file Form I-140 yourself) with no employer and no labor certification (PERM).
Is EB-1A better than NIW?
EB-1A has a higher bar; EB-1 and EB-2 (which includes NIW) have separate final action dates in the State Department Visa Bulletin, so compare both for your country.
What does the 2026 Mukherji ruling change?
A Nebraska federal court called the final-merits step procedurally invalid, but it's not binding nationwide. USCIS still applies the two-step framework in 2026, so prepare for it.
EB-1A document checklist (save your progress)
Tick each item as you gather it. Progress is saved in this browser — nothing is uploaded.
Sources and official references: 8 CFR 103.2(b)(8); USCIS — EB-1 (Extraordinary Ability); 8 CFR §204.5(h)(3) (ten criteria); Kazarian v. USCIS (9th Cir. 2010) and USCIS Policy Manual Vol. 6 Part F Ch. 2 (two-step / final merits); Matter of Dhanasar (NIW). Note: Mukherji v. Miller (D. Neb. Jan 28, 2026) challenged the final-merits step as procedurally invalid, but it is not binding nationwide; 2026 petitions are still adjudicated under the two-step framework. Fee check (2026-09-17, measured): the first two links carry no dollar amounts — the USCIS EB-1 page collected at 11,763 characters and 8 CFR §204.5 at 51,773 characters, with the dollar sign appearing 0 times in each. The amounts on this page come from Form G-1055 (122,050 characters of extracted text) and 8 CFR part 106 (64,621 characters). G-1055 prints the I-140 row as “Paper Filing: $715 plus additional fees, if applicable / Online Filing: $665 plus additional fees, if applicable”, and lists the Asylum Program Fee separately under “Additional Fees” as “a. Regular Petitioner $600 / b. Nonprofit $0 / c. Small Employer or self-petitioner $300” — it is not folded into the form fee, so the subtotal shown here is paper $715 + $300 = $1,015 (online $665 + $300 = $965). 8 CFR §106.2(a)(11) states the same filing fee — “Immigrant Petition for Alien Worker, Form I-140. For filing a petition to classify preference status of an alien based on profession or occupation under section 204(a) of the Act: $715” — but it prints no online amount: §106.1(g) sets an online filing discount, “the fee for forms filed online with USCIS, using the electronic system prescribed by USCIS, will be an amount that is $50 lower than the fee prescribed in § 106.2”, and G-1055 prints that discounted result. The Asylum Program Fee is fixed by §106.2(c)(13) as “$600. For petitions: (i) Filed by a nonprofit as defined in § 106.1(f): No fee. (ii) Filed by a small employer as defined in § 106.1(f): $300. (iii) The online filing discount provided in § 106.1(g) does not apply to this fee”, with §106.1(f)(1) defining a small employer as “a firm or individual that has 25 or fewer full-time equivalent employees in the United States” — which is why the $300 row is the same for paper and online. Premium processing for an EB-1A petition is set by 8 CFR §106.4(b)(11), “Petition for classification under section 203(b)(1)(A) of the INA—$2,965”; G-1055 carries no premium-processing amount for this classification, and the premium-processing figure this page used to show appears 0 times in either document. Corrected on that basis: the I-140 filing fee and the premium-processing fee, whose former amounts neither document states. Left unchanged because they already match the source: the $300 Asylum Program Fee and the $1,015 paper subtotal. Still unconfirmed: the 6–12 month regular-processing range, which neither document states, and the $10,000–15,000 attorney-fee range, which is a private cost no USCIS fee schedule can carry. The 15-business-day premium figure is from USCIS Form I-907 page. Collection note: our automated fetcher cannot read the G-1055 PDF (direct request 403; headless render falls through to a download; the Internet Archive copy yields 0 characters of PDF text), so the machine-readable check runs against the 8 CFR part 106 links. Independent self-assessment, not legal advice; consult a licensed US immigration attorney.