Alagiri Immigration Law Firm

A BOUTIQUE IMMIGRATION LAW FIRM Serving Families and extraordinary Individuals Across the U.S.

EB-1A for Solution Architects

EB-1A Visa for Software Engineers

Are you planning to apply for an EB-1A visa to live in the United States permanently? The EB-1A first preference visa category was created for people with extraordinary abilities to live and work in the US.

Talented software engineers from around the world are making enormous accomplishments in the computer science, engineering or related STEM field, especially here in the San Francisco Bay Area.  As such, Silicon Valley software engineers may qualify for the EB-1A visa. If you have had accomplishments in such fields as machine learning, artificial intelligence, NLP, robotics, data science, or similar, then this visa may be your fastest path to a green card. This visa is especially beneficial for Indian citizens who are looking to settle permanently in the US. Explore the requirements for the EB-1A visa and how to apply on our site.

What is an EB1-A Visa?

EB-1A, or the “Extraordinary Ability” visa, is an employment-based immigrant visa category allowing noncitizens with extraordinary abilities to obtain permanent residency in the US. This visa category is available to individuals in a wide range of areas, including software engineering.

EB-1A visas are preferred because you can self-petition without a job offer or employer and the wait time to obtain your green card is significantly shorter, especially if you are Indian.  If you are a software engineer from India, your wait time for a green card through another category can be more than 10 years. 

EB-1A Criteria: 3 Crucial Facts About Awards

How to Get a US Green Card Via an EB1-A Petition?


It’s always in your best interest to find an experienced EB-1A Visa Lawyer. Immigration attorneys with specific experience in this category can best guide you during the process and increase your chances of approval.

Do I Qualify for an EB-1A?

To qualify for an EB-1A visa as a software engineer, you must provide evidence of extraordinary ability in your field. Evidence can include such things as patents, testimonial letters, company awards, and work product evaluations.


To be eligible for the EB-1A visa, you must have a major award, like a Nobel Prize, or meet at least three of the following criteria pertaining to software engineering. 

  1. Awards – International or national awards or prizes for excellence in your field. 
  1. Memberships – Membership in an organization that requires outstanding achievements to be accepted.
  1. Published Material – Published material about you in prominent publications or other major media. 
  1. Original Work – Evidence of original contributions of major significance in the field.
  1. Judging – Participation as a judge of the work of others.
  1. Scholarly Articles – Authorship of articles in professional or major trade publications. 
  1. High Salary – High salary compared to others in the field.


How to Apply For an EB-1A Visa as a Software Engineer?

With your immigration lawyer, you must prepare the following to submit as part of your application. Here’s a step-by-step guide.

Step 1: Review the instructions for the Form I-140 (“Immigrant Petition for Alien Worker”).

Step 2: Review and sign the Form I-140 prepared by your immigration lawyer. 

Step 3: Write a check for the filing fee.

Step 4: Provide all required evidence and supporting documentation.

The USCIS will process your application once your Form I-140 is received. You should get a receipt notice confirming your petition was received. After completing any further requirements, the USCIS will inform you of their decision. If they need more evidence to decide your case, they will send a Request for Evidence. 

How Long Does it Take to Get an EB-1A visa?

Processing times for an EB-1A visa vary depending on the volume of applications being processed, the accuracy of your application, and (if) the USCIS requires further evidence. 


On average, though, the USCIS processing time for an EB-1A petition (Form I-140) is 12+ months. However, for an additional filing fee, you can request Premium Processing, which means that USCIS will process your Form I-140 petition within 2 weeks. 

Tip: Want to cut down on your processing time? Work with an experienced immigration attorney who can help you navigate the process and ensure your application is as strong as possible.

Legal Help for the EB-1A Visa is Important

An EB-1A visa is a direct path to permanent residency in the United States. However, the process for an EB-1A visa is complex and requires extensive analysis, documentation and preparation.

Work with an experienced immigration attorney to help navigate the process and boost your chances of approval. Call 650-383-4306 or click here to get started. 

EB-1A Visa for Indian Software Engineers

  • Purpose Talented software engineers from around the world are making enormous accomplishments in the computer science, engineering or related STEM field, especially here in the San Francisco Bay Area. As such, Silicon Valley software engineers may qualify for the EB-1A visa.



    We worked with Priya on our Green card application. Throughout the process Priya was professional and very helpful. She was kind enough to explain the ins and outs of immigration law and helped us prepare for the final green card interview. She was easily reachable whenever we needed her sage advice. I would recommend her services as an immigration lawyer to anyone.

    N B

    Read More Reviews

    Are You Extraordinary?

    EB-1A Visa Masterclass:

    By Priya Alagiri, ESQ. Founder, The Alagiri Immigration Law Firm

    Friday, February 10, 2023, 12 PM, PST on ZOOM

    Join me for Part 2 of my EB-1A “Extraordinary Ability” Visa Masterclass! I will discuss the second step of the two-step analysis that USCIS conducts prior to approving an EB-1A application, called the “final merits determination.”