EB-1A for Physicians: How to Build Your Petition in 2026

The EB-1 visa, under the EB-1A subcategory for extraordinary ability, is the fastest route for Brazilian physicians seeking permanent residence in the United States. Unlike the EB-2 NIW, it requires no job offer, no labor certification (PERM), and — in most months of the Visa Bulletin — remains current for Brazilian nationals, reducing the total time between petition and green card to somewhere between 12 and 24 months. This guide details how to build a robust EB-1A petition for the physician profile in 2026.

Differences Between EB-1A, EB-1B, and EB-1C

The EB-1A is the primary option for clinical physicians, surgeons, and researchers who want to self-petition. The EB-1B requires employer sponsorship and is aimed at professors and researchers with international recognition, typically affiliated with universities or research institutes. The EB-1C serves executives transferred by multinational companies and rarely applies to individual physician profiles.

The Ten USCIS Criteria

8 CFR 204.5(h)(3) lists the ten objective criteria. The physician must satisfy at least three to pass the first stage of analysis, and the petition still undergoes a final merits determination, as established by the precedent Kazarian v. USCIS in 2010.

• National or international prizes recognized for excellence.
• Membership in associations that require outstanding achievement for admission.
• Published material in professional or major media about the applicant’s work.
• Service as a peer reviewer of other professionals’ work.
• Original contributions of major significance in the medical field.
• Authorship of scientific articles in indexed journals.
• Display of work in distinguished exhibitions or presentations.
• Critical or leading role in prestigious organizations or institutions.
• Salary significantly above the average for the specialty.
• Commercial success in the arts (rarely applicable to physicians).

Mapping the Physician Profile

Most Brazilian physicians can document four to seven criteria. Serving as a reviewer for PubMed- or Scopus-indexed journals easily covers the peer review criterion. Publications in high-impact journals (Lancet, NEJM, JAMA, Circulation, Nature Medicine, among others) satisfy the authorship criterion. Leadership roles at academic hospitals, coordination of clinical services, or leadership in medical societies such as SBC, SBOC, SBN, or FEBRASGO satisfy the critical role criterion.

Original contributions — often the most complex criterion — require evidence of impact: citation counts on Google Scholar and Web of Science, adoption of protocols by the Ministry of Health or international societies, medical patents, and clinical guidelines authored by the applicant.

Recommendation Letters

It is advisable to gather between six and ten letters, divided between independent signatories (who did not work directly with the applicant) and dependent ones (colleagues, supervisors, mentors). Independent letters carry disproportionate weight in USCIS adjudication because they demonstrate spontaneous recognition of the applicant’s work beyond the immediate professional circle.

Each letter must describe specific achievements, cite the applicant’s published work, and technically explain why the contributions are relevant to the advancement of medicine. Generic letters with unsubstantiated praise are disregarded by the adjudicating officer and may trigger a Request for Evidence (RFE).

Fees and Petition Structure

The I-140 petition is filed with Form I-140, with a current fee of $715 per the 2024 USCIS fee schedule, plus the Asylum Program Fee of $600 for employers when applicable. For a self-petitioned EB-1A, the physician pays only the I-140 fee. Premium Processing costs $2,805 and guarantees a decision within 15 business days.

The filing package must include: completed Form I-140, proof of payment, an argumentative memorandum organized by criterion, recommendation letters on institutional letterhead, documentary evidence per criterion (copies of awards, publications, citations, employment contracts showing salary, article peer review invitations), and an international résumé translated by a certified translator.

Parallel Clinical Licensing

The EB-1A addresses immigration, not the practice of medicine. To practice clinically in the United States, physicians must also pass the USMLE Steps 1, 2 CK, and 3, obtain ECFMG certification, complete an ACGME-accredited American residency program, and apply for a state medical license. Medical researchers without clinical practice may work in laboratories and academic centers without these requirements.

Visa Bulletin and Wait Times

For Brazilian nationals, EB-1 remained current in nearly every month of 2024 and 2025, with only occasional retrogression. Physicians with an approved I-140 and a current priority date may simultaneously file for Adjustment of Status (I-485) if they are already in the United States in valid status. Those outside the country follow consular processing through the U.S. Embassy in Brasília or the consulates in São Paulo, Rio de Janeiro, Recife, or Porto Alegre.

Common Petition Mistakes

Unsuccessful petitions typically repeat three mistakes. The first is confusing EB-1A with NIW: the EB-1A requires sustained recognition, not merely the potential for future impact. The second is submitting sparse documentation without a cohesive narrative explaining how each piece evidences the criteria. The third is relying on recommendation letters as primary substantive proof rather than treating them as reinforcement of objective evidence.

Physicians who plan two to three years ahead of submission tend to achieve stronger petitions, with recent publications, consolidated awards, and letters from signatories who are genuinely recognized in their field.

Family and Derivative Green Card

A spouse and unmarried children under 21 receive the green card as direct dependents of the EB-1A petition. The spouse receives unrestricted work authorization upon approval. Children may attend public and private schools with the same eligibility as U.S. citizens, and at public universities they pay in-state tuition after meeting the state’s residency requirements.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.