Does the EB-1A require me to already be in the United States?

No. The EB-1A, the category for individuals who demonstrate extraordinary ability in fields such as sciences, arts, education, business, or athletics, does not require you to be on U.S. soil to file a petition. It is a pathway designed for talent from around the world, regardless of where you currently reside.

What changes based on your location is the final step, after the petition is approved:

• Adjustment of status: the route for those already lawfully in the U.S. who transition to permanent resident without leaving the country.
• Consular processing: the route for those outside the U.S., completing the process at an American consulate abroad.

In both cases, the core of the EB-1A is the same: building robust evidence of your recognition and the relevance of your work in your field. Being in the U.S. or not does not affect that merit. Since each case is evaluated individually and the rules for each route may change, it is worth confirming the current procedure on the official source (USCIS) and planning your strategy with a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.