EB-1A Visa from Bangladesh: The 2026 Guide to the Extraordinary Ability Green Card

The EB-1A visa from Bangladesh in 2026: who it is for

An EB-1A visa from Bangladesh is the fastest self-directed route to a United States green card for a Bangladeshi national who is genuinely at the top of their field. There is no employer, no job offer and no labour certification. A scientist in Dhaka, a cardiac surgeon in Chattogram, a cricketer, an architect, a filmmaker or a founder whose products are used across South Asia can file the petition themselves, provided they can prove sustained national or international acclaim and show that they will keep working in their field in the United States.

The rewards are significant. The first employment-based preference category, EB-1, has been current for rest-of-world applicants, including Bangladeshi nationals, while the EB-2 queue has lengthened. Premium processing delivers a decision on the petition within 15 days. But the standard is the highest in the employment-based system, approval rates fell during 2025, and 2026 brought a federal court challenge to the way US Citizenship and Immigration Services decides these cases.

This guide explains the ten regulatory criteria in 8 CFR 204.5(h), the Kazarian two-step and the final merits determination, the evidence that persuades officers, current 2026 fees, premium processing, the visa bulletin position for Bangladesh, and EB-1 adjustment of status in the United States. TRW is a Bangladesh law firm, not a US law firm. We prepare and verify the Bangladeshi side of a case and work alongside US-licensed immigration counsel, who advise on US law and represent applicants before US agencies.

Summary: EB-1A lets a person of extraordinary ability in the sciences, arts, education, business or athletics self-petition for a green card on Form I-140. The petitioner must meet at least three of ten regulatory criteria, or show a major internationally recognised award, and then persuade USCIS in a final merits review that they have sustained acclaim and sit among the small percentage at the very top of their field. Bangladesh is charged to the rest-of-world column, where EB-1 was current in October 2026, so a strong approved petition can move quickly to a green card through adjustment of status or consular processing in Dhaka.

Key point: Meeting three criteria is the threshold, not the finish line. USCIS still asks, on the whole record, whether the applicant is one of the small percentage who have risen to the very top of the field. Build the petition for the second question from the first day, and plan the green card stage at the same time.

At a glance

Swipe or scroll →

Table of Contents

Where EB-1A sits within the EB-1 category

EB-1, the first employment-based preference, receives 28.6 per cent of the worldwide employment-based level, which is at least 140,000 visas a year, plus any numbers not required for the fourth and fifth preferences.[8] It contains three distinct classifications, and choosing the right one is the first strategic decision in any case.

EB-1A: extraordinary ability

EB-1A covers people of extraordinary ability in the sciences, arts, education, business or athletics, demonstrated by sustained national or international acclaim and extensive documentation. A job offer is not required, so anyone may file, including the applicant through a self-petition.[1] No degree is required either. That makes EB-1A the natural route for accomplished Bangladeshis whose achievements are outside academia or whose qualifications would not map neatly onto the advanced-degree rules of EB-2.

EB-1B: outstanding professors and researchers

EB-1B requires international recognition as outstanding in a specific academic area, at least three years of teaching or research, and an employer's offer of a tenured or tenure-track teaching post or a permanent research position. The beneficiary must meet at least two of six criteria, followed by a final merits review.[2] A US university or qualifying private employer must file. For a Bangladeshi academic with a US offer in hand, EB-1B may be easier to win than EB-1A, but it ties the case to that employer.

EB-1C: multinational executives and managers

EB-1C serves executives and managers transferred to the United States by a related company. It requires a qualifying corporate relationship between the US and foreign entities, prior employment abroad with the group and a permanent managerial or executive role in the United States, and it is filed by the US employer. Bangladeshi business groups with US subsidiaries should consider it alongside EB-1A for senior leaders, but the corporate evidence it needs is a different exercise and is not covered further here.

The legal standard for an EB-1A visa from Bangladesh

The regulation defines extraordinary ability as a level of expertise indicating that the person is one of that small percentage who have risen to the very top of the field of endeavour, and the petition must also show sustained national or international acclaim.[1] Every EB-1A visa from Bangladesh is decided against that definition, whatever the field.

Three further requirements apply. The applicant must intend to continue working in the area of extraordinary ability; the work must substantially benefit the United States prospectively; and the petition must contain clear evidence of continuing work, drawing on 8 CFR 204.5(h)(5) and INA 203(b)(1)(A).[1] In practice that evidence takes the form of offer letters, contracts, engagement letters from US partners or a detailed personal statement of plans. A world-class Bangladeshi surgeon who plans to move into real estate in the United States does not qualify, however distinguished the surgical career.

Acclaim must be sustained

Acclaim must be maintained at a comparable level to count as sustained.[1] An award won fifteen years ago, followed by a quiet decade, will not carry a petition. Officers look for a line of recognition that continues to the present, which is why the timing of filing often matters as much as the volume of evidence.

The ten criteria in 8 CFR 204.5(h)(3)

Initial evidence is either a one-time achievement, meaning a major internationally recognised award, or evidence meeting at least three of ten criteria. For the one-time achievement, no comparable evidence can substitute for it.[1] Very few applicants hold a Nobel-level prize, so almost every EB-1A visa from Bangladesh is built on the criteria below.[1]

Recognition criteria: awards, memberships, media and judging

• (i) Prizes or awards: lesser nationally or internationally recognised prizes or awards for excellence in the field. Since October 2024, team awards can count where the applicant is a named recipient, not merely acknowledged.[1] [3]
• (ii) Membership: membership of associations that require outstanding achievement, judged by recognised national or international experts. Past memberships can count.[1] [3] Fee-paying or seniority-based memberships do not.
• (iii) Published material: material about the applicant and their work in professional or major trade publications or other major media, with title, date and author. Marketing material generally does not count.[1]
• (iv) Judging: actual participation, alone or on a panel, as a judge of the work of others in the same or an allied field.[1]

Contribution criteria: original work and scholarship

• (v) Original contributions of major significance: scientific, scholarly, artistic, athletic or business-related contributions that have made a demonstrable mark on the field.[1]
• (vi) Scholarly articles: authorship of scholarly articles in professional or major trade publications or other major media.[1]
• (vii) Exhibitions: display of the applicant's work at artistic exhibitions or showcases. Non-artistic exhibitions can be offered only as comparable evidence.[3]

Market criteria: roles, pay and commercial success

• (viii) Leading or critical role: for organisations or establishments with a distinguished reputation.[1]
• (ix) High remuneration: a high salary or other significantly high remuneration in relation to others in the field.[1]
• (x) Commercial success in the performing arts: shown by box office receipts or sales.[1]

Comparable evidence

Where a criterion does not readily apply to the applicant's occupation, comparable evidence of equal significance may be offered. A bare claim that a criterion does not apply is not probative, but a detailed, specific and credible statement explaining why it does not fit can suffice. The Policy Manual gives the example of a presentation at a major trade show standing in for scholarly articles.[1] For Bangladeshi engineers and executives whose best work is commercial rather than academic, comparable evidence is often the key to a credible third criterion.

The Kazarian two-step and the final merits determination

USCIS decides EB-1A petitions in two stages, drawn from Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010).[1] The structure explains why petitions that clearly meet three criteria are still denied, and it should shape how every EB-1A visa from Bangladesh is drafted.

Step one: counting the criteria

At step one the officer decides, on a preponderance of the evidence, which submissions meet which regulatory criteria. The officer does not yet ask whether the applicant is at the top of the field; Kazarian holds that this judgement belongs to the second step.[1] Step one is a technical exercise. Each criterion should be argued separately, with exhibits that match the regulatory wording, and weak criteria should be dropped rather than padded.

Step two: the final merits review

At step two the officer weighs the petition as a whole to decide whether the applicant has sustained national or international acclaim and is among the small percentage at the top of the field.[1] The Policy Manual, updated in September 2023 with examples for science and technology, lists factors that can support the final merits, including:[1]

• publications in highly ranked journals, especially as senior or sole author;
• high citation totals or h-index, with the method of calculation explained;
• employment or research at leading institutions, including highly ranked foreign universities;
• unsolicited invitations to speak at nationally or internationally recognised conferences; and
• a named role on a competitively funded US government research grant.

The petitioner must explain how the evidence shows sustained acclaim, and officers may not deny merely because a particular type of evidence is absent.[1] A prior O-1 approval is relevant but not determinative.[1] The practical consequence is that the legal brief must do more than tick boxes: it must place the applicant in a ranked comparison with peers in the same field.

Mukherji v. Miller: a 2026 challenge to the second step

On 28 January 2026 the US District Court for the District of Nebraska, in Mukherji v. Miller, overturned an EB-1A denial and ordered approval after USCIS had conceded that the petitioner met five of the ten criteria.[12] Relying on Loper Bright, the court found that USCIS had imposed the final merits step through guidance rather than notice-and-comment rulemaking. USCIS appealed to the Eighth Circuit and later withdrew the appeal, so the ruling stands in that case but creates no binding precedent elsewhere, and USCIS has not rescinded its final merits policy.[13] Applicants should still build for step two, while US counsel keeps Mukherji in view for litigation strategy after a denial.

Building extraordinary ability evidence for an EB-1A visa from Bangladesh

Bangladeshi applicants often hold stronger records than they realise, but in a form USCIS cannot readily evaluate. The task is to translate a Bangladeshi career into evidence that an officer in Texas or Nebraska can measure against the regulation. Every exhibit must answer two questions: which criterion does it meet, and what does it say about standing at the very top of the field?

Awards, honours and national recognition

National honours, government awards, professional society prizes and international competition results can all qualify under criterion (i), but only with context. The petition should explain who confers the award, how many are given, who judges it, what the selection criteria are and how widely it is reported. A state honour in Bangladesh means a great deal at home; an officer needs documentary proof of its standing, ideally from independent sources rather than the awarding body's own website.

Media coverage in Bengali and English

Coverage in national dailies, broadcast outlets and international trade press can satisfy criterion (iii) if it is about the applicant and their work. Major media status must be shown with circulation, readership or audience data. Bengali articles need complete, certified English translations, and every article should carry its title, date and author.[1] Since October 2024 the material no longer has to demonstrate the value of the applicant's work.[3] Paid features and press releases should be left out.

Expert letters and objective proof of impact

Letters explain significance; they do not create it. The strongest letters come from independent experts, preferably outside Bangladesh and outside the applicant's own institution, who describe specifically how the applicant's work changed practice in the field. They should be corroborated by citation records, licensing agreements, adoption by government or industry, sales data, patents or invitations. For criterion (v), USCIS wants proof of major significance, not a description of originality.

Salary and leading-role evidence

High remuneration under criterion (ix) is judged against others in the field. A senior salary in Bangladesh may be modest in US dollar terms, so the comparison should be against the relevant market, supported by published salary surveys and official data, with exchange-rate workings shown. For criterion (viii), the organisation's distinguished reputation must be proved independently, and the applicant's role shown to be leading or critical through organisation charts, board resolutions and results attributable to the applicant.

Bangladesh-side records

Employment letters, payslips, tax records, degree certificates, award certificates and membership records must be consistent across names, dates and titles. Many Bangladeshi universities and institutions have changed names, and our analysis of university name changes and legal documents explains how to document that continuity. Payments to US counsel and USCIS from Bangladesh also raise exchange-control questions, covered in our guide to foreign currency rules in Bangladesh.

EB-1A or EB-2 NIW: choosing the right self-petition

Both EB-1A and the EB-2 national interest waiver allow self-petitioning, and many Bangladeshi applicants file one or both. Our separate guide to the EB-2 NIW visa from Bangladesh covers the Dhanasar test in detail; here the question is how the two compare.

The comparison favours EB-1A on timing and NIW on accessibility. NIW approval rates fell further than EB-1A in FY2025, to 55.2 per cent against 66.9 per cent, according to analysis of USCIS data.[12] Where the record supports both, filing EB-1A first, or both petitions together, is a common strategy. An approved EB-2 petition can protect a priority date while an EB-1A case is strengthened, but each petition is judged on its own record and a denial must be disclosed in later filings.

The EB-1A process: filing Form I-140

The petition is filed on Form I-140 with the filing fees, a legal brief and an indexed evidence bundle. The filing date becomes the applicant's priority date. Because no labour certification is required, there is no Department of Labor stage before filing, which is one reason an EB-1A visa from Bangladesh can move from preparation to decision within months.

2026 filing fees

The Form I-140 filing fee is $715. Self-petitioners employing 25 or fewer full-time employees in the United States, including those with none, also pay a $300 Asylum Program Fee, making $1,015 in total, and the two payments must be made separately.[6] The current Form G-1055 fee schedule is the edition dated 7 October 2026, and the inflation adjustments that took effect on 16 October 2026 under H.R. 1 apply to asylum, parole and certain work permit fees, not to the I-140.[7] Confirm amounts with the USCIS fee schedule on the day of filing.

Premium processing

Premium processing is requested on Form I-907. For EB-1A petitions, USCIS commits to take adjudicative action within 15 days; the 45-day period applies only to EB-1C multinational managers and EB-2 national interest waivers. A request for evidence stops the clock, which restarts when a complete response is received.[4] USCIS raised the premium processing fee for I-140 petitions from $2,805 to $2,965 for filings postmarked on or after 1 March 2026.[5]

Premium processing buys a fast decision, not a better one. Because EB-1 has been current for rest of world, a quick approval of an EB-1A visa from Bangladesh can lead straight to adjustment of status or the National Visa Center, so the fee is usually worth paying.

Requests for evidence and denials

Requests for evidence typically challenge individual criteria at step one or top-of-field standing at step two. A response should answer every point with new evidence, not repeat the brief. After a denial, the options are a motion to reopen or reconsider, an appeal to the Administrative Appeals Office, a fresh petition with a stronger record, or, in suitable cases, federal court review. US counsel should advise which route fits.

Step-by-step: the EB-1A visa from Bangladesh

A well-run case runs the US petition and the Bangladesh document work in parallel, so that the green card stage can start the moment the I-140 is approved.

Swipe or scroll →

Visa bulletin: Bangladesh and rest-of-world timing

Bangladesh is not listed separately in the employment-based charts, so Bangladeshi nationals are charged to the "All Chargeability Areas Except Those Listed" column, known as rest of world. In the October 2026 visa bulletin, the first of FY2027, EB-1 was current in that column under both the final action dates and the dates for filing. EB-1 final action dates for China and India were 1 July 2023 and 1 February 2023.[8]

For October 2026, USCIS designated the dates for filing chart for employment-based adjustment applications, so rest-of-world EB-1 applicants could file Form I-485 regardless of priority date.[9] The bulletin also warned that some rest-of-world employment categories had retrogressed to keep issuance within annual limits.[8] The China and India EB-1 dates show how quickly the category can back up, so "current" is a monthly position, not a guarantee.

EB-1 adjustment of status in the United States

Bangladeshi researchers, doctors, artists and executives already in the United States in F-1, J-1, H-1B or O-1 status can often complete the EB-1A visa from Bangladesh without leaving the country, by adjusting status with USCIS. This is the angle most applicants in the United States ask about first.

Concurrent filing

Most employment-based applicants may file Form I-485 together with the I-140, or while the I-140 is pending, when a visa number is immediately available. USCIS decides the I-140 first and, if a visa remains available, then the I-485. Concurrent filing is available only to applicants inside the United States.[10] With EB-1 current for rest of world, a Bangladeshi applicant in valid status can file both forms at once, adding Form I-765 for a work permit and Form I-131 for advance parole.

2026 fees for the adjustment package

The paper Form I-485 fee is $1,440 for applicants aged 14 and over, and $950 for a child under 14 filing with a parent. A work permit application filed with a pending fee-paid I-485 costs $260, and advance parole costs $630 on paper.[7] Each derivative spouse and child files a separate I-485.

Status violations and section 245(k)

Adjustment requires a lawful admission and, in general, continuous lawful status. For EB-1, EB-2 and EB-3 applicants, INA 245(k) forgives failures to maintain status, unauthorised employment and violations of nonimmigrant terms that total no more than 180 days since the most recent lawful admission. Parole is not an admission, and filing an I-485 does not authorise employment or excuse past unauthorised work.[11] Students and researchers should audit their status history before filing.

The new public charge rule

DHS rescinded the 2022 public charge regulations with effect for adjustment applications postmarked or submitted electronically on or after 18 September 2026. Officers now have broader discretion, may consider a wider range of benefits including some received by household members, and weigh the totality of circumstances.[14] EB-1A applicants are usually well placed, but should file evidence of income, assets, health insurance and employment prospects rather than assume their standing speaks for itself.

J-1 holders

Bangladeshi physicians and researchers in J-1 status may be subject to the two-year home residence requirement, which blocks adjustment until it is fulfilled or waived. The issue must be resolved before an adjustment strategy is fixed, and it may point towards consular processing instead.

Consular processing in Dhaka

Applicants outside the United States finish their case through the National Visa Center and the US Embassy in Dhaka. The process, the medical examination, the Bangladeshi civil documents the embassy requires and the 2026 disruptions to immigrant visa processing are covered in our guide to the US green card from Bangladesh, and they apply to EB-1A cases in the same way. Check the current State Department position on immigrant visa issuance and interview scheduling before relying on any timeline.

Two points are specific to extraordinary ability cases. First, the consular officer may ask about the applicant's plans to continue working in the field, so the evidence of continuing work in the petition should still be accurate at interview. Second, prominent applicants often have complicated documentary histories, such as name variations across passports, academic records and award certificates, which should be reconciled before the National Visa Center stage.

Approval trends and 2026 risks

EB-1A remains winnable, but less predictable than it was. Analysis of USCIS data shows approval rates in a 70 to 75 per cent range for several years, falling to 66.9 per cent in FY2025 and to roughly 53 per cent in the fourth quarter of FY2025.[12] The same analysis attributes the change largely to petition quality and specificity at the final merits stage.[12]

For anyone weighing an EB-1A visa from Bangladesh in late 2026, three risks deserve planning: final merits denials of petitions that meet three or more criteria; possible EB-1 retrogression for rest of world; and continued volatility in consular operations, including in Dhaka. None is a reason not to file a strong case. Each is a reason to file a complete one, and to keep a parallel status or EB-2 strategy in place.

Mistakes to avoid

• Treating three criteria as success: the final merits review decides most contested cases.[1]
• Claiming every criterion: weak criteria dilute strong ones; argue three or four well.
• Unexplained Bangladeshi awards: an award without evidence of its prestige, selection process and reach rarely satisfies criterion (i).
• Thin media evidence: articles without circulation data, authorship, dates or certified translations.
• Letters without proof: praise from colleagues that is not corroborated by objective evidence of impact.
• Stale acclaim: recognition that peaked years ago and has not been sustained.[1]
• No continuing-work evidence: failing to show how the applicant will continue in the same field in the United States.[1]
• Status gaps: exceeding the 180-day limit under section 245(k) before filing for adjustment of status.[11]

Who does what: US counsel, TRW and the agencies

An EB-1A visa from Bangladesh involves US agencies, Bangladeshi institutions and two sets of lawyers. Clear roles avoid duplicated work and missed deadlines.

TRW is a Bangladesh law firm and does not give advice on US immigration law. Our role is the Bangladeshi half of the file: verifying award, employment, salary and academic records; obtaining certified copies and official confirmations from Bangladeshi institutions; reconciling name and date discrepancies; coordinating translations; and resolving Bangladeshi legal issues, such as civil status, property or business matters, before the applicant relocates. Your US-licensed immigration attorney prepares and files the I-140 and any I-485, advises on the visa bulletin and represents you before USCIS. Our global mobility and business immigration practice and immigration and visa services team coordinate directly with US counsel.

Final checks before you file

Before committing to EB-1A, an applicant should be able to answer five questions with evidence, not adjectives. Which three or more criteria can I prove cleanly? How does my record compare with the very top of my field internationally? Is my acclaim sustained to the present? What will I do in the United States, and can I show it? Are my Bangladeshi records consistent and properly translated? If any answer is uncertain, fix it before filing rather than in response to a request for evidence. To prepare the Bangladesh side of your case or coordinate with your US attorney, contact TRW.

Frequently asked questions

Can a Bangladeshi citizen apply for EB-1A without a US employer?

Yes. EB-1A does not require a job offer, so the applicant may self-petition on Form I-140, but must show an intention to continue working in the area of extraordinary ability in the United States.[1]

How many EB-1A criteria must I meet?

At least three of the ten criteria in 8 CFR 204.5(h)(3), or evidence of a one-time major internationally recognised award. USCIS then conducts a final merits review of the whole record.[1]

What is the Kazarian two-step?

Following Kazarian v. USCIS, the officer first decides which criteria are met, then weighs all the evidence to decide whether the applicant has sustained acclaim and is among the small percentage at the top of the field.[1]

Did Mukherji v. Miller abolish the final merits review?

No. The January 2026 Nebraska decision ordered approval in one case, and USCIS withdrew its appeal, but the ruling sets no binding precedent and USCIS has not rescinded its final merits policy.[12] [13]

What does an EB-1A petition cost in 2026?

A self-petitioner pays the $715 I-140 fee plus a $300 Asylum Program Fee, and $2,965 if premium processing is requested. Legal fees and adjustment or visa fees are additional.[6] [5]

How fast is premium processing for EB-1A?

USCIS commits to take adjudicative action within 15 days of receiving a premium processing request, with the clock stopping if it issues a request for evidence.[4]

Is EB-1 current for Bangladesh?

In the October 2026 visa bulletin, EB-1 was current for all chargeability areas, which covers Bangladesh, under both charts. Check each monthly bulletin, because categories can retrogress.[8]

Can I file for adjustment of status at the same time as the I-140?

Yes, if you are in the United States and a visa number is immediately available. USCIS decides the I-140 first and then the I-485.[10]

Should I file EB-1A or EB-2 NIW?

EB-1A demands a higher standard but has been current for rest of world; EB-2 NIW is more accessible but backlogged. Many applicants with strong records file EB-1A, or both, after advice from US counsel.[8]

Can TRW file my EB-1A petition?

No. TRW is a Bangladesh law firm and does not practise US immigration law. We prepare and verify the Bangladeshi evidence and documents and work alongside your US-licensed immigration attorney, who files the petition and represents you.