The EB-1A visa offers Brazilian professionals a path to U.S. permanent residency without employer sponsorship. This visa category allows individuals to self-petition, meaning they may apply based on their own achievements rather than a job offer. This first-preference employment category is reserved for individuals who can demonstrate extraordinary ability and sustained national or international recognition in the sciences, arts, education, business, or athletics.
At Colombo & Hurd, our team has secured over 2,500 approvals in EB-1A and EB-2 NIW categories over the past three years, including cases for professionals across Latin America. Brazilian professionals benefit from a significant advantage: the EB-1 category is currently available for Brazil. This means approved petitioners face no visa number backlog and can proceed immediately to the green card stage.
What Is the EB-1A Visa?
The EB-1A classification is an employment-based immigrant visa for individuals who possess “extraordinary ability” in their field. Unlike most employment-based green cards, the EB-1A allows for self-petitioning. Applicants may file an immigrant petition on their own behalf without a job offer or employer sponsor.
This flexibility can make the EB-1A visa appealing for professionals who want greater independence in their immigration process and career decisions. If permanent residence is granted, spouses and unmarried children under 21 may also apply for permanent residence as derivative beneficiaries.
The EB-1A category applies to professionals in many industries. While the classification was originally associated with Nobel laureates and Olympic athletes, USCIS has approved petitions for researchers, physicians, engineers, executives, entrepreneurs, and artists who can demonstrate that they are among the small percentage of individuals who have risen to the very top of their field.
EB-1A Eligibility Requirements
To qualify for the EB-1A, a petitioner must satisfy one of two evidentiary standards.
Option 1: Major internationally recognized award. This includes prizes such as a Nobel Prize, Pulitzer Prize, or Olympic medal. Few applicants qualify under this standard.
Option 2: At least three of 10 regulatory criteria. Most successful EB-1A petitions rely on this approach, demonstrating extraordinary ability through a combination of the following evidence categories:
| Criterion | Evidence Examples |
| Awards or prizes | National or international recognition for excellence in the field |
| Membership in associations | Selective organizations requiring outstanding achievement for admission |
| Published material about the petitioner | Major media coverage of the applicant’s work or achievements |
| Judging the work of others | Serving as a peer reviewer, competition judge, or panel evaluator |
| Original contributions of major significance | Patents, influential research, or innovations adopted by others in the field |
| Authorship of scholarly articles | Peer-reviewed publications, academic papers, or professional journals |
| Artistic exhibitions or showcases | Display of work at galleries, venues, or significant events |
| Leading or critical role | Senior positions at organizations with distinguished reputations |
| High salary or remuneration | Compensation significantly above others in the field |
| Commercial success in the performing arts | Box office results, sales figures, or ratings data |
Meeting three criteria does not result in automatic approval. USCIS conducts a two-step analysis:
First, the officer determines whether the submitted evidence satisfies at least three of the regulatory criteria.
Second, USCIS reviews the full record to determine whether the evidence demonstrates sustained national or international recognition and shows that the applicant is among the small percentage of individuals who have risen to the very top of their field.
EB-1A Approval Case Studies
Successful EB-1A cases involve more than simply meeting the minimum regulatory criteria. Strong petitions typically present a clear narrative showing how the applicant’s work has gained recognition and influence within their field. The following cases illustrate how strategic preparation and compelling evidence led to approval.
EB-1A Approval for Event Producer
A professional in entertainment and cultural event production had built an impressive portfolio organizing music festivals, cultural events, and conventions throughout Latin America and internationally. He had previously held O-1 status but decided to seek permanent residence through the EB-1A.
USCIS issued a Request for Evidence (RFE) challenging several aspects of the petition, including the national recognition of his awards, the originality of his contributions, and whether his events constituted artistic displays.
The Colombo & Hurd legal team developed a response that provided context for each achievement. The team submitted comparative salary data demonstrating earnings substantially above industry standards, expert testimony attesting to commercial success, and documentation establishing the cultural significance of the applicant’s productions.
The response \ also addressed how large-scale entertainment productions may qualify as artistic displays under the EB-1A regulatory framework. USCIS ultimately approved the petition, allowing the applicant to pursue permanent residence in the United States.
EB-1A Approval for Sports Coach
A distinguished educator, researcher, and sports coach with nearly three decades of experience sought EB-1A approval. His career blended academic achievement with athletic leadership, including designing training curricula that developed hundreds of players into collegiate and professional athletes.
USCIS issued an RFE questioning the unity of his field (physical education and sports science). The agency also challenged multiple categories of evidence, including professional memberships and leadership roles within respected organizations. With independent evaluations and academic evidence, the response showed that research and teaching in these disciplines work hand in hand as one unified field. For memberships, the response included provided bylaws and leadership letters showing that honorary membership in a global federation required decades of contributions and international recognition.
EB-1A Approval for Public Health Innovator
A physician-scientist who began as the only doctor serving over 140,000 people in rural Zimbabwe developed an outreach model that delivered care directly to remote villages. Over time, elements of this approach were referenced in broader global health initiatives.
Despite an extraordinary record, USCIS issued an RFE questioning whether his contributions satisfied the strict evidentiary framework for the EB-1A category. The agencyraised doubts around his awards, published recognition, and whether his innovations qualified as “original contributions of major significance.”
Our legal team reframed each area of scrutiny to highlight how his achievements aligned directly with EB-1A requirements. Awards were documented with independent letters emphasizing their selectivity. Original contributions were supported by records showing how the applicant’s digital health systems were adopted by national programs and cited in international health initiatives.
The EB-1A petition was approved, validating years of innovation and opening the door for this professional to expand his vision in the United States.
Common Mistakes That Weaken EB-1A Petitions
Based on our experience working on EB-1A cases, we recognize several common issues that may lead to Requests for Evidence (RFEs) or petition denials.
Insufficient context for achievements: USCIS officers review petitions across many different industries and may not be familiar with the standards of every field. A prestigious award or exclusive membership may carry less weight if the petition does not clearly explain its importance. It is not enough to present an award. The petition must explain its significance, including whether it carries national or international recognition and how competitive the selection process was.
Claiming multiple unrelated fields: USCIS evaluates whether the petitioner has reached the top of their field. If evidence spans too many disconnected areas, officers may question whether the applicant has demonstrated sustained acclaim in any single field.Petitions often benefit from clearly defining the field and showing how the applicant’s achievements fit within that area of expertise.
Relying on quantity over quality: Submitting hundreds of pages without a coherent narrative can obscure the strongest evidence. Effective petitions curate the most compelling documentation and present it strategically.
Missing documentation for claimed criteria. Each criterion has specific evidentiary requirements. Membership in an association, for example, requires proof that the organization demands outstanding achievement for admission, not just payment of dues.
Weak recommendation letters. Generic letters that praise the applicant without specific examples do little to support the case. Letters from individuals who can speak to the applicant’s influence with concrete details carry more weight
For a deeper look at how RFEs are addressed in extraordinary ability and national interest cases, read our article: Strategies to Overcome RFE Challenges to EB-2 NIW and EB-1A Petitions Under the Trump Administration
Why EB-1A Is Advantageous for Brazilian Professionals
Several factors make the EB-1A particularly attractive for Brazilian nationals:
No employer sponsorship required: Petitioners file on their own behalf. Because a job offer is not required, applicants may pursue opportunities with different employers or explore entrepreneurial projects after obtaining permanent residence.
No labor certification (PERM) process: Unlike EB-2 and EB-3 green cards through employer sponsorship, the EB-1A does not require the PERM labor certification process. The PERM stage typically involves recruitment and labor market testing, which may extend the timeline for employer-sponsored petitions. Because EB-1A petitions do not require PERM, qualified applicants may be able to move directly to the immigrant petition stage.
Current priority dates for Brazil: According to the March 2026 Visa Bulletin, the EB-1 category is currently listed as “current” for all chargeability areas except certain oversubscribed countries. Brazilian petitioners with approved I-140 petitions can proceed immediately to the green card stage. Applicants who plan to complete the final stage through consular processing should also be aware of a January 2026 policy temporarily suspending immigrant visa issuance for nationals of 75 countries, which may affect visa issuance timelines at U.S. consulates.
Faster processing available: USCIS offers premium processing for EB-1A petitions. This provides adjudication (or issuance of an RFE) within 15 business days for an additional fee.
Green card for family members: Approval includes derivative status for spouses and unmarried children under 21.
EB-1A vs. Other Visa Options for Brazilian Professionals
The best immigration pathway often depends on the individual’s professional background, achievements, and long-term goals. Here is how the EB-1A compares to related options:
| Visa Category | Type | Employer Required? | Key Advantage | Key Consideration |
| EB-1A | Green Card | No (self-petition) | Fastest employment-based green card path, no backlog for Brazil | Requires demonstrated extraordinary ability |
| EB-2 NIW | Green Card | No (self-petition) | Lower standard than EB-1A, self-petition allowed | May have longer processing times |
| O-1 Visa | Temporary | Yes (employer or agent) | Similar evidentiary standard to EB-1A | Non-immigrant status, requires sponsorship |
| H-1B | Temporary | Yes | Widely available for specialty occupations | Non-immigrant status, annual cap, employer-dependent |
Brazilian professionals who may not meet EB-1A criteria often qualify for the EB-2 NIW, which allows professionals to self-petition for a green card when their work is in the U.S. national interest. Many Brazilian professionals first enter the United States on O-1 visa status to take on distinguished roles or projects. As their achievements and recognition grow in the United States, some later pursue the EB-1A immigrant visa.
EB-1A Application Process
The EB-1A process involves several stages, although the exact timeline may vary depending on individual circumstances.
Step 1: Evidence gathering and petition preparation. The petitioner compiles documentation demonstrating extraordinary ability. For Brazilian applicants, documents in Portuguese require certified English translations. Credentials, awards, employers, and media coverage may need context so that USCIS reviewers understand their significance.
Step 2: File Form I-140. The petitioner (or their attorney) files the Immigrant Petition for Alien Workers with USCIS. Supporting evidence and the filing fee are included. No labor certification or employer sponsorship is required.
Step 3: USCIS adjudication. USCIS reviews the petition. The agency may approve, deny, or issue a RFE seeking additional documentation. Premium processing provides a response within 15 business days.
Step 4: Green card stage. After I-140 approval, the pathway depends on location:
- If in the United States: Petitioners in valid status may file Form I-485 (Adjustment of Status). Because EB-1 is current for Brazil, eligible applicants can often file I-485 concurrently with I-140 or immediately upon I-140 approval.
- If outside the United States: The case transfers to the National Visa Center for consular processing. This involves document collection and an immigrant visa interview at a U.S. consulate in Brazil. Brazilian applicants typically interview in São Paulo, Rio de Janeiro, Brasília, Recife, or Porto Alegre.
2026 Policy Update: In January 2026, the U.S. Department of State announced a temporary suspension of immigrant visa issuance affecting nationals of 75 countries, including Brazil. Under this policy, consulates may continue scheduling immigrant visa interviews, but visa issuance may be paused while the policy remains in effect. The suspension affects visa issuance at U.S. consulates rather than the underlying EB-1A petition filed with USCIS.
Applicants who are already in the United States in a valid status may still be eligible to complete the green card process through adjustment of status by filing Form I-485 if a visa number is available.
For additional details on how this policy may affect employment-based immigration, see our analysis: Trump Temporarily Pauses Immigrant Visas for 75 Countries: What High-Skilled Professionals Should Know.
Costs and Fees
As of March 2026, government filing fees for the EB-1A include:
- Form I-140 filing fee: $715 (general filing), $665 (online filing), plus additional fees
- Premium processing (optional): $2,965. Additional fees apply for adjustment of status or consular processing, as well as any applicable additional fees. Fee schedules are subject to change. Verify current amounts on the USCIS Fee Schedule before filing.
Adjustment of Status vs. Consular Processing
After I-140 approval and when a visa number is available, Brazilian applicants generally complete the final stage of the green card process through one of two pathways.
Adjustment of Status (I-485): Available to applicants physically present in the United States in a valid immigration status. This pathway allows applicants to remain in the U.S. while the application process is ongoing and may provide interim work authorization (EAD) and travel permission (Advance Parole). Processing times vary but typically range from 8 to 18 months.
Consular Processing: Applicants outside the U.S. (or those who prefer this route) complete the green card process through a U.S. consulate in Brazil. This involves submitting Form DS-260, gathering civil documents (birth certificates, police clearances, etc.), and attending an immigrant visa interview.
Both pathways lead to the same result: lawful permanent resident status. The best choice depends on the applicant’s current location, immigration status, and personal circumstances.
Get Your EB-1A Profile Evaluated
The EB-1A offers Brazilian professionals a direct path to permanent residence based on their achievements and expertise. While the standard is high, professionals across many fields have successfully demonstrated extraordinary ability and secured approval.
Determining whether your background aligns with EB-1A requirements typically requires a detailed review of your credentials, publications, awards, and career achievements.
Request your free EB-1A evaluation to learn whether this pathway may be right for your situation.
