The 90 day rule in immigration - changing status after you enter on a B-1/B-2
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GUIDE TO EB-1A COSTS AND TIMING VISACOMPARING THE TWO PATHS TO PROVING EXTRAORDINARY ABILITY IN THE U.S.
Contributor
Tukki
Reading time
10 mins read
Date published
Jan 19, 2026
The EB-1A visa cost includes several different payments you must make to the government and to the professionals who help you prepare your case. This immigrant visa is designed for individuals with extraordinary ability in fields such as science, arts, business, education, or athletics.
This guide focuses specifically on the EB-1A petition stage, while also explaining what additional costs may apply later if you decide to move forward with the green card application.
The EB-1A process begins with filing Form I-140, the Immigrant Petition for Alien Worker. This petition is filed by the principal applicant and represents the core of the EB-1A case.
In 2026, filing an EB-1A petition requires a $715 fee for Form I-140. In addition to this amount, most petitioners must also pay an Asylum Program Fee, which is $300 for self-petitioners and small employers (25 employees or less) and $600 for large employers (over 26 employees.)
These amounts represent the mandatory government fees required by the United States Citizenship and Immigration Services (USCIS) to accept and review an EB-1A petition. For just over $1,000 in government fees, most applicants can submit an EB-1A petition, excluding any legal or professional fees that may apply separately.
You must pay these filing fees even if you are transitioning from another nonimmigrant status, such as an H-1B or O-1 visa. Because USCIS fees can change, applicants should always review the official USCIS fee schedule before submitting their petition.
Premium processing is an optional service that allows USCIS to take action on an EB-1A petition within 15 business days. The EB-1A premium processing fee is $2,805, and as of March 1, 2026, this fee will increase to $2,965.
Premium processing does not increase the likelihood of approval. It only shortens the time USCIS has to respond, which may result in an approval, a request for evidence (RFE), or a notice of intent to deny (NOID). If USCIS does not act within the 15-business-day window, the premium processing fee is refunded.
Applicants who do not request premium processing should expect longer processing times, which can range from several months to over a year depending on USCIS workload and case volume.

While it is possible to self-petition for an EB-1A visa, most applicants choose to work with an experienced immigration attorney due to the high evidentiary standard of this category.
The EB-1A lawyer cost typically ranges from $7,500 to $15,000, depending on the attorney, the firm’s experience, and the complexity of the case. These fees generally cover legal strategy, petition drafting, evidence organization, and overall case management.
Because EB-1A petitions do not require a job offer or employer sponsorship, applicants usually pay these legal fees themselves.
The majority of law firms charge additional fees for responding to RFEs or NOIDs, as these services are typically not included in flat-fee agreements. It is important to clarify what is included in a legal quote before signing an agreement.
In addition to government and legal fees, applicants may incur indirect costs while preparing an EB-1A petition.
These costs can include document translation services, credential evaluations, certified copies of records, or professional assistance gathering evidence. Prices vary depending on the number of documents involved and the service providers used.
Expert letters are also commonly submitted as part of an EB-1A petition. While some applicants pay for expert drafting services, strong EB-1A cases often rely on organic recommendation letters from individuals who are familiar with the applicant’s work, such as former advisors, collaborators, or industry peers. These letters typically carry more credibility with USCIS than paid endorsements.
An approved EB-1A petition is only the first step toward permanent residence. After approval, applicants must complete a separate green card application stage, either through Adjustment of Status (AOS) if they are in the United States or Consular Processing (CP) if they are abroad.
This second stage involves its own forms, timelines, and government fees, and costs are assessed per applicant, including dependents. Because not all EB-1A beneficiaries follow the same path, the total cost of the green card stage can vary significantly.
For this reason, EB-1A petition costs and green card costs should be evaluated separately when planning an immigration budget.
Whether premium processing is worth the additional fee depends on your individual situation. Premium processing can be helpful if your current visa status is expiring soon or if you need faster clarity to plan employment, travel, or relocation decisions.
Applicants with stable immigration status and flexible timelines may prefer standard processing to reduce upfront costs. Because premium processing does not influence approval outcomes, the decision is primarily a strategic and financial one.
To get a clearer picture of what your EB-1A petition may cost based on your background, you can start by using our Visa Match tool, which helps assess your eligibility and potential next steps. If you prefer a more detailed, case-specific discussion, speaking directly with an immigration expert can help you plan timelines and budget more accurately.
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Find quick answers to frequent visa questions from our legal experts
How long does it take to get approved for EB-1A vs O-1A?
Both O-1A and EB-1A petitions can use premium processing for $2,805 ($2,965 since March 2026), which guarantees USCIS action within 15 business days.
Without premium processing, O-1A petitions and EB-1A I-140 petitions are generally processed on similar timelines. The key difference is that EB-1A approval is only the first step toward permanent residence.
After I-140 approval, EB-1A applicants must still complete adjustment of status or consular processing, which adds several additional months to the overall green card timeline.
What's the difference between EB-1A and EB-1B?
The EB-1A is for individuals with extraordinary ability across sciences, arts, education, business, or athletics, and allows self-petitioning. The EB-1B is specifically for outstanding professors and researchers and requires employer sponsorship.
The EB-1A has 10 criteria (meet 3), while the EB-1B has its own set of requirements focused on academic and research achievements. The EB-1A is generally more flexible because it doesn't require an employer.
How much does an EB-1A visa cost?
The EB-1A filing fees include $715 for the I-140 petition, plus an optional premium processing fee of $2,965.
There's also an Asylum Program Fee, which depends on your filing type: $600 for regular petitioners, $0 for nonprofits, and $300 for small employers or self-petitioners.
If you file for Adjustment of Status (I-485), that's an additional $1,440.
Attorney fees vary based on case complexity. For a full breakdown, see our EB-1A cost guide or get a personalized estimate with the pricing tool.
Can I get a green card without an employer?
Yes. Three employment-based green card categories let you self-petition with no employer and no PERM: EB-1A for extraordinary ability, EB-2 NIW under a National Interest Waiver, and EB-5 for investors. In each, you file your own Form I-140 (or the investor petition for EB-5) and make the case for yourself.
The rest of the employment-based categories, EB-2 and EB-3 through PERM, do require a sponsoring employer.
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