No employer sponsor
You are not tied to one job or company. You keep control of your own case.
EB-1A Green Card Lawyer for H-1B Professionals
Move From H-1B to a Green Card With the EB-1A
If you are on an H-1B visa, you know the stress. The lottery. The backlog. Being tied to one employer. The EB-1A green card offers a different path. You can file on your own, without a job offer and without waiting years in line in many cases.
24+ years experience | Former INS Inspector | AILA member attorney | Clients worldwide
Is the EB-1A Right for You?
Serianni Law Firm helps professionals prepare and file EB-1A petitions. If you want to know whether you qualify, we will give you an honest review of your case.
The EB-1A is the Employment-Based, First Preference green card for people with extraordinary ability. It is for those who have reached the top of their field in the sciences, arts, education, business, or athletics.
The best part for many H-1B holders is control. You do not need an employer to sponsor you. You file the petition yourself.
You may be a strong candidate if you have some mix of the following:
- Original work that others in your field have used or built on
- Awards or honors for your work
- A leading or critical role at a respected company or organization
- A high salary compared to others in your field
- Invitations to judge or review the work of others
- Media coverage or published work about you
- Patents, or products used by many people
You do not need all of these. You also do not need a PhD, a Nobel Prize, or decades of experience. What matters is the strength of your record and how well it is presented.
Why H-1B Holders Choose the EB-1A
If the H-1B path feels slow and uncertain, the EB-1A may be a faster and more stable way to reach permanent residence.
No PERM labor certification
Most employment green cards require a long labor certification step first. The EB-1A skips it.
Shorter waits for many applicants
EB-1A priority dates have often stayed current in the Visa Bulletin. For people born in India or China who face long backlogs in other categories, this can be a faster route. In many cases you can file your I-140 petition and your green card application at the same time.
Who We Help
We work with skilled professionals across many fields, including:
- Software engineers and technology professionals
- AI and machine learning researchers
- Scientists and academic researchers
- Founders, executives, and business leaders
- Artists, designers, and creative professionals
- Athletes and coaches
If you work in tech and do not have a long list of publications, you may still qualify. Proof of original contributions, product impact, patents, high salary, and judging work can all carry real weight.
How the EB-1A Works
To qualify, you must show either one major, internationally recognized award, or that you meet at least three of the ten criteria set by U.S. Citizenship and Immigration Services (USCIS). The ten criteria are:
- Lesser awards or prizes for excellence
- Membership in groups that require outstanding achievement
- Published material about you in major media or trade publications
- Judging the work of others
- Original contributions of major significance
- Authorship of scholarly articles
- Display of your work at shows or exhibitions
- A leading or critical role at a respected organization
- A high salary compared to others in your field
- Commercial success in the performing arts
Meeting three criteria is only the first step. USCIS then reviews your full record to decide if your evidence, taken together, shows lasting recognition. This is why strategy and presentation matter so much.
How Serianni Law Firm Helps You
We guide you through every stage of the process
Eligibility Review
Review your background and how it fits the EB-1A criteria.
Filing Strategy
Build a filing strategy around your strongest evidence.
Document Gathering
Help you gather and organize documents.
Petition Drafting
Draft the petition and the legal argument.
Recommendation Letters
Coordinate recommendation letters from people in your field.
I-140 Filing
File Form I-140 with USCIS.
RFE Response
Respond to a Request for Evidence (RFE) if one is issued.
Green Card Application
Assist with your green card application or consular processing.
We focus on honest, well-documented petitions. USCIS has increased its review of EB-1A cases, and evidence that looks manufactured can lead to denials. We present your real achievements in a clear and credible way, so your case can stand up to review.
Meet Attorney Demian S. Serianni
Guidance from an attorney who understands the process from both sides.
With more than 24 years of immigration law experience and a unique background as a former U.S. Immigration Inspector, Attorney Serianni understands the visa process from both sides.
Before founding Serianni Law LLC, he served with the Immigration and Naturalization Service (INS), conducting immigration inspections at the Rainbow Bridge in Niagara Falls after graduating from the Federal Law Enforcement Training Center (FLETC) in 1996.
Florida Bar Licensed Attorney since 2001 (Bar #514403)
Active Member, American Immigration Lawyers Association (AILA)
Former U.S. Immigration Inspector (INS/CBP)
More Than 24 Years Immigration Law Practice
What Happens in Your Consultation
Your consultation is a working session, not a sales pitch. We will:
- Review your background against the EB-1A criteria
- Tell you honestly whether you look like a strong candidate
- Point out where your case is strong and where it needs work
- Explain the process, the timeline, and the costs
- Outline a clear next step, whether that is EB-1A, another green card option, or more time to build your record
You will leave with a real understanding of where you stand.
Other Options If EB-1A Is Not the Best Fit
The EB-1A is not the only self-petition route. The EB-2 National Interest Waiver (NIW) is another option for people whose work serves the national interest. It has a lower bar than the EB-1A, though it can face longer waits for some applicants. In your consultation, we will help you choose the path that fits your goals.
Frequently Asked Questions
Can I apply for EB-1A while on an H-1B visa?
Yes. Many people file for the EB-1A while holding H-1B status. You keep your H-1B while your case is pending, as long as your status stays valid.
Do I need a job offer?
No. The EB-1A lets you file on your own behalf. No employer sponsor is required.
Do I need publications to qualify?
No. Publications help meet one of the ten criteria, but they are not required. Many people qualify through original contributions, leadership roles, judging work, and high salary.
How long does it take?
Times vary. Premium processing lets you ask USCIS to act on the I-140 within 15 business days for an added government fee. It speeds up the response but does not change your chance of approval.
How much does it cost?
Costs include government filing fees and attorney fees. We will explain our fees and what they cover during your consultation.
What if I do not qualify?
We will review other paths, such as the EB-2 National Interest Waiver, and help you decide what makes sense for your situation.
This website is an advertisement. The information on this page is for general information only and is not legal advice. Every case is different, and past results do not guarantee a similar outcome in your case. Reading this page or contacting the firm does not create an attorney-client relationship. Please do not send confidential information through the contact form until an attorney-client relationship is established.
Ready to Find Out If You Qualify?
If you are ready to move past the H-1B backlog, let us review your case. Schedule a consultation with Serianni Law Firm today.
Schedule Your EB-1A Consultation