When's the BEST Time to File Your EB1A?

Is Now the Right Time to File Your EB-1A Green Card Petition? What You Need to Know.

A question that weighs heavily on the minds of many accomplished professionals is When is the best time in my career to file an EB-1A I-140 petition for extraordinary ability?

It's a highly individual question, and one you absolutely should discuss with an experienced immigration attorney. But let's dive into some key considerations that might surprise you.

Age and Your EB-1A Petition: A Different Approach

Unlike many other countries that factor age into their immigration processes, the U.S. immigration system is largely age-agnostic.

This means:

Being younger doesn't give you an advantage, unlike in some nations where youth is a bonus, and there may be age cut-offs.
Being older doesn't inherently hurt you. In fact, an extended career often means you have a longer work history and more accomplishments to draw from when demonstrating your extraordinary ability.

Ultimately, there's no "magic age" or specific professional benchmark you need to hit before considering an EB-1A. Your unique career trajectory and accomplishments are what truly matter.

The Critical Question: Do You Have a Viable Case Now?

This is perhaps the most important question you can ask yourself and your legal counsel. If you're thinking about an EB-1A, my suggestion is to explore whether you currently have a viable case.

If the answer is "no," then the next questions become:

When will you have a viable case?
What specific steps can you take within a defined timeframe (e.g., one, three, or five years) to strengthen your profile and reach that point?
How will you curate your professional experience to ensure you have a winning case at that future point?

This isn't about an open-ended "someday" goal; it's about a strategic, actionable plan.

The Significant Risks of Waiting

Many people fall into the trap of waiting for "one more promotion" or "one more publication" before they believe their profile is strong enough. While continuous professional growth is excellent, waiting can come with significant, unpredictable risks.

Consider the lessons we've learned from other immigration categories, like the National Interest Waiver (NIW):

Shifting Goalposts at USCIS: We've seen how USCIS can change its interpretations and tighten approval standards. The approval rate for NIW cases, for example, has significantly dropped over the last two years, not necessarily because applicants' cases got weaker, but because the goalposts shifted. This can happen with any category, including EB-1A.
Unpredictable Policy Changes: While you could gain a few more years of experience by waiting, what if USCIS takes a less immigrant-friendly stance in the future? We're already seeing indications that 2025 might not be more favorable for professional immigrants. These macro-level policy shifts are entirely outside of your control.
Personal Career Volatility: You might be hoping for a promotion next year, but life is unpredictable. What if your job situation changes unexpectedly? What if you're laid off? Your professional stability can be impacted by factors beyond your control.

If you have a plausible, compelling case now, it is absolutely worth considering filing sooner rather than later.

Why Internal Company Milestones May Not Matter to USCIS

A common misconception is that achieving internal company milestones, like rapid promotions or reaching a certain title, automatically strengthens your EB-1A case. In reality, USCIS likely doesn't care about these achievements in the way you might think.

Here's why:

They don't understand internal prestige: USCIS adjudicators won't grasp the intricacies of your company's promotion structure or the prestige of completing a project in 18 months instead of 30.
They seek compelling stories, not just internal advancements: Your EB-1A success hinges on presenting a compelling story backed by substantial evidence that demonstrates your extraordinary ability across at least three of the specified criteria. You're not winning because you "jumped through hoops" within your company; you're winning because you genuinely fit the EB-1A requirements and overall "deserve to win" based on your contributions and impact in your field.

If your current professional story is already strong and compelling, and you don't anticipate that waiting will significantly improve your ability to meet the EB-1A criteria (since one more white paper isn't the difference between winning and losing), then waiting probably isn't worth it.

The Life-Changing Impact of a Green Card: Why Timing Matters Beyond Your Career

Beyond the uncertainties of USCIS policy and career trajectory, consider the profound impact a green card can have on your life and the lives of your family.

Think about this:

A Decade of Freedom: What difference would it make in your life if you and your children had green cards next year instead of in a decade? This means freedom from H-1B quotas, visa renewal anxiety monopolizing every trip back home, and the constant worry of maintaining non-immigrant status.
Path to Citizenship: With a green card, you're on a defined path to naturalization. You could be a U.S. citizen a decade from now, instead of still renewing your H-1B status.

These are significant life benefits that are often overlooked when focusing solely on the "perfect" professional achievement for your petition.

Your Next Steps: A Personalized Assessment

There's no single "best age" or "necessary professional benchmark" for filing an EB-1A. It truly boils down to an individual analysis of:

What have you achieved thus far in your career?
Can you make a strong, winning case now based on the EB-1A criteria?

If the answer to the second question isn't a confident "yes," then it's time to create a concrete plan. What specific actions will you take over the next 12, 18, or 24 months to improve upon your professional experience? How will you become a stronger candidate then than you are today?

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Locke Immigration Law helps American companies and immigrant professinals work together.

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Want to learn how to strategically frame your achievements for the EB1A "Extraordinary Ability" visa?

My free 5-day email course, "5 Days to Your Compelling EB1A Story," provides the 'EB1A Storytelling Toolkit' to help you build a powerful case.

Sign up here: https://lockeimmigration.com/eb1a-email-course