Permanent residency (green card)
EB-1A — Extraordinary Ability Green Card
A self-petitioned green card for individuals of extraordinary ability — no employer sponsorship or labor certification required.
EB-1A is the highest-tier employment-based green card category. Founders who already hold O-1A status often use much of the same evidence to self-petition for EB-1A once their track record is stronger.
Category
Permanent residency (green card)
Best for
Founders who already have (or can quickly build) a strong, documented record of achievement and want a direct path to permanent residency rather than a renewable temporary status.
Eligibility
- Same general 3-of-8 criteria framework as O-1A, evaluated under a stricter two-step "final merits" review used for green cards.
- No job offer or PERM labor certification required — this can be self-petitioned.
- Must show intent to continue working in the area of extraordinary ability in the US.
Benefits
- Leads directly to a green card (permanent residency), not just temporary status.
- No employer sponsorship required — founders retain full independence.
- No PERM labor-market test, which is one of the slowest steps in most other green-card categories.
Tradeoffs to know
- Higher evidentiary bar than O-1A in practice, since USCIS applies a final holistic merits determination.
- Green-card processing timelines (including visa-number availability by country of birth) can still take significant time even after approval of the underlying petition.
How to apply
File Form I-140 (Immigrant Petition for Alien Worker) directly — no labor certification step. Adjustment of status or consular processing follows once a visa number is available.
Immigration law changes frequently and eligibility is highly fact-specific. This is a starting-point reference, not legal advice — talk to a qualified immigration attorney before choosing or relying on any pathway here.