EB-1A Lawyer in San Jose

Self-petition green cards for individuals of extraordinary ability — guided by a Silicon Valley immigration team.

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LYD Law helps researchers, founders, executives, artists, and athletes pursue the EB-1A green card — the employment first-preference category for individuals with extraordinary ability. Our office is in San Jose, and we work with clients across the U.S.

EB-1A lets you self-petition: no employer sponsor and no labor certification (PERM) required. We focus on building the strongest possible evidentiary record for your profile.

Who qualifies for EB-1A?

USCIS recognizes ten kinds of evidence. You need to meet at least three of them, or show a one-time achievement such as a major, internationally recognized award:

  1. 1Lesser nationally or internationally recognized prizes or awards for excellence in your field
  2. 2Membership in associations that require outstanding achievements of their members
  3. 3Published material about you and your work in professional or major trade publications or other major media
  4. 4Judging the work of others in your field, individually or on a panel
  5. 5Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  6. 6Authorship of scholarly articles in professional or major trade publications or other major media
  7. 7Display of your work at artistic exhibitions or showcases
  8. 8A leading or critical role for organizations or establishments with a distinguished reputation
  9. 9A high salary or other significantly high remuneration compared with others in your field
  10. 10Commercial success in the performing arts

Meeting three criteria is only the first step. USCIS then weighs all of the evidence together to decide whether you have sustained national or international acclaim and are among the small percentage at the very top of your field. How the petition presents the evidence matters as much as the evidence itself.

Not sure whether you qualify? An attorney can assess your background in a consultation.

EB-1A, NIW or EB-1B?

These three green-card categories are often compared. The right one depends on your record and on whether you have an employer behind you.

RequirementEB-1AEB-2 NIWEB-1B
Employer sponsorNot required: you can self-petitionNot required: you can self-petitionRequired: a U.S. employer's offer of a permanent research or teaching position
Labor certification (PERM)Not requiredWaivedNot required
Who it is forPeople with extraordinary ability who have sustained national or international acclaimProfessionals with an advanced degree or exceptional ability whose proposed work is in the U.S. national interestOutstanding professors and researchers with at least three years of experience and international recognition
Preference categoryFirst preference (EB-1)Second preference (EB-2)First preference (EB-1)

EB-1 and EB-2 have separate waiting lines (priority dates), and the wait depends on your country of birth. For some applicants the difference is significant, so check the current Visa Bulletin or ask us.

Your attorney: Yuandi Li

Founding attorney Yuandi Li served as a judicial law clerk at the New Jersey Superior Court and later practiced at large law firms in New York and San Francisco.

  • Licensed in California and New York
  • Super Lawyers Rising Stars (2021-2023)
  • AILA Annual Conference Speaker (2022)
Read her full bio →

How we build your EB-1A case

Profile assessment

We review your background against the EB-1A criteria and map a realistic strategy.

Evidence and petition

We build your evidentiary record, draft the petition, and assemble the supporting exhibits.

Filing and follow-through

We file with USCIS and handle any Request for Evidence (RFE) through to the decision.

EB-1A FAQ

Do I need a job offer or employer sponsor for EB-1A?

No. EB-1A is self-petitioned — you do not need an employer sponsor or a labor certification (PERM).

Can I apply for EB-1A while on H-1B, O-1, or F-1?

Generally yes. EB-1A is a green-card (immigrant) petition and can usually be pursued alongside most nonimmigrant statuses; plan timing and travel with your attorney.

Do you meet with clients in San Jose?

Yes. Our office is at 97 E Brokaw Rd, Suite 320, San Jose, and we also work with clients remotely across the U.S.

How long does EB-1A take?

It varies by USCIS service center and whether you use premium processing. We can give you a current estimate for your situation.

Can my spouse and children get green cards too?

Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries and receive green cards based on your EB-1A petition.

Can I file EB-1A and NIW at the same time?

Yes. Filing an EB-1A and an EB-2 National Interest Waiver petition together, or one after the other, is a common strategy. Whether it makes sense for you depends on your record and on the waiting times for your country of birth.

What if I have not won a major award?

Awards are only one of the ten criteria. Many approvals rest on other evidence, such as judging the work of others, media coverage, original contributions, or a leading role. One of our clients, a sculptor, was approved without any prior awards.

Talk to an EB-1A attorney in San Jose

Bring your CV or résumé and we will tell you candidly whether EB-1A is a realistic path for you.

Book a consultation Or call (650) 898-9347