EB-1A Without a Job Offer: Showing You’ll Continue Work in Your Field
By Kyle Farmer, Farmer Law PC, Austin, Texas.
Last reviewed: November 9, 2026.
Short answer: EB-1A does not require a job offer or a labor certification, and you can file the petition for yourself (8 CFR 204.5(h)(1), (h)(5)). But the petition must include clear evidence that you are coming to the United States to continue work in your area of extraordinary ability. The regulation says that evidence may include letters from prospective employers, prearranged commitments such as contracts, or your own statement detailing how you plan to continue your work in the United States.
If you’re weighing an EB-1A self-petition and want to plan the continuing-work evidence, book a free 15-minute intro call.
The three statutory requirements
The statute describes an EB-1A immigrant as a person who (INA 203(b)(1)(A)):
- Has extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim and recognized in the field through extensive documentation;
- Seeks to enter the United States to continue work in the area of extraordinary ability; and
- Whose entry will substantially benefit prospectively the United States.
Most EB-1A guidance focuses on the first requirement: the one-time achievement or three of 10 criteria, followed by the final merits determination USCIS applies under Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). Our EB-1A requirements page covers that. This page covers the second and third requirements, which matter most when there is no employer.
No job offer, but a clear plan
The regulation says that neither an offer of employment in the United States nor a labor certification is required, but the petition must be accompanied by clear evidence that you are coming to the United States to continue work in your area (8 CFR 204.5(h)(5)).
It lists three examples of that evidence:
| Type of evidence | What it can look like |
|---|---|
| Letters from prospective employers | A letter from a U.S. company, university, team or organization describing a role in your field |
| Prearranged commitments, such as contracts | Signed engagements, performance or speaking contracts, research collaborations, client agreements or investment agreements for your venture |
| Your own statement | A detailed statement of how you intend to continue your work in the United States |
Because anyone can file the petition, including you as a self-petitioner, the Policy Manual says you must still show that you intend to continue work in your area of extraordinary ability and that your work will substantially benefit the United States in the future (USCIS Policy Manual Vol. 6, Part F, Ch. 2, Section A).
What “continue work in the area” means
USCIS looks at whether your planned U.S. work falls within the area where you earned your acclaim (USCIS Policy Manual Vol. 6, Part F, Ch. 2, Section A.2). The Policy Manual says this can be hard to decide when someone changes roles. Its main example is an athlete who wants to work as a coach: competing and coaching generally rely on different skills and are not the same area. But if the person has recent acclaim as an athlete and has sustained acclaim as a coach or manager at a national level, officers can view the whole record as one pattern, and treat coaching as within the person’s area.
The lesson carries over to other fields. If you plan to shift from research to management, from performing to teaching, or from one industry to another, the petition should explain why the U.S. work draws on the same ability that brought you acclaim, and support that with evidence.
Substantial benefit to the United States
Your entry must substantially benefit the United States in the future. The Policy Manual says the phrase is not defined in the statute or regulations, has been interpreted broadly, and calls for a fact-dependent assessment. It cites Matter of Price, 20 I&N Dec. 953 (Assoc. Comm. 1994), where a golfer of the beneficiary’s caliber was found to substantially benefit the United States given the popularity of the sport. An officer who is not yet satisfied on this point may issue a request for evidence (USCIS Policy Manual Vol. 6, Part F, Ch. 2, Section A.3).
Building the continuing-work evidence
- Make the statement specific. Describe the work you will do, where, with whom, and how it connects to your past achievements. A detailed plan is more useful than a general wish to keep working.
- Back it up. Add whatever exists: offer letters, contracts, letters of intent, grant or collaboration documents, client or partner correspondence, or plans for your own company.
- Keep it consistent. Your plan should match how the petition describes your field, so the officer can see that the U.S. work is in the same area as your acclaim.
- Plan for changes. If your plans change while the petition is pending, talk with your attorney about how that affects the record.
Founders and self-employed applicants
EB-1A does not require an employer, so founders and independent professionals can file for themselves. A founder’s evidence might include a plan for the U.S. company, investment or customer commitments, and a statement tying the venture to the field where the founder is recognized. The Policy Manual notes, in discussing the high salary criterion, that officers consider significant funding from government entities, venture capital funds, angel investors or similar funders when weighing a startup founder’s contracts or offers (USCIS Policy Manual Vol. 6, Part F, Ch. 2).
If your record is strong but not yet at the EB-1A level, the EB-2 NIW also allows self-petitions under a different test; see our EB-1A vs. EB-2 NIW comparison. For a temporary option, see O-1A vs. EB-1A.
How Farmer Law PC helps
Our attorneys prepare EB-1A self-petitions for founders, researchers, executives, artists and athletes. We build the extraordinary ability evidence and the continuing-work plan together, so the petition shows both what you have achieved and what you will do in the United States. Start with our EB-1A green card page.
FAQ
Do I need a job offer for EB-1A?
No. Neither a job offer nor a labor certification is required for EB-1A. The petition must include clear evidence that you are coming to the United States to continue work in your area of extraordinary ability.
Can I file an EB-1A petition for myself?
Yes. The regulation allows the person, or anyone on the person’s behalf, to file the EB-1A petition. You still must show you will continue work in your area and that your work will substantially benefit the United States.
What evidence shows I will continue working in my field?
The regulation lists letters from prospective employers, prearranged commitments such as contracts, or a statement from you detailing how you intend to continue your work in the United States.
Is my own statement enough to show continuing work?
A detailed statement of your plans is one of the types of evidence the regulation lists. Other supporting documents, such as contracts or letters of intent, can help corroborate it.
Can my planned U.S. work be in a different field from my acclaim?
The petition must show you are coming to continue work in your area of extraordinary ability. USCIS looks at whether the planned U.S. work falls within that area, so a shift in role or field should be explained with evidence.
Talk with us
If you’re weighing an EB-1A self-petition, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.
