EB-1 Overview: First-Preference Employment Green Card

The EB-1 green card is the first preference in U.S. employment-based immigration. It is for people with extraordinary ability, outstanding researchers and professors, and multinational executives and managers. EB-1 provides a fast route to permanent residency for highly accomplished professionals.

All EB-1 categories share these advantages: no PERM labor certification, faster processing than EB-2/EB-3, and minimal date backlogs for most countries.

Understanding which EB-1 category fits your profile and what evidence USCIS requires is essential for building a successful petition.

EB-1A Requirements: Extraordinary Ability

EB-1A is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who have risen to the very top of their field.

Extraordinary Ability Standard

You must show sustained national or international acclaim, recognized as among the very top in your field. This is the highest employment-based standard.

What extraordinary means: Not just highly skilled or accomplished, but recognized broadly as among the field's leaders. USCIS distinguishes extraordinary ability from being merely talented, competent, or very good at what you do.

Two Paths to Qualification

• Path 1: Achieve a one-time, major, internationally recognized award such as the Nobel Prize, Pulitzer Prize, Olympic medal, or Academy Award. Only a few applicants meet this standard.
• Path 2: Meet at least 3 of 10 criteria - Most EB-1A applicants qualify by satisfying at least three regulatory criteria demonstrating sustained acclaim.

The 10 EB-1A Criteria

For detailed analysis of each criterion, see the complete EB-1A criteria guide. In summary:

1. Nationally or internationally recognized awards for excellence in your field.
2. Membership in associations requiring outstanding achievement as judged by experts
3. Published material about you in professional or major media discussing your work
4. Judging the work of others individually or on panels in your field
5. Original contributions of major significance to your field with measurable impact
6. Authorship of scholarly articles in professional journals or major media
7. Display of work at artistic exhibitions or showcases (for artists)
8. Leading or critical role in distinguished organizations
9. High salary or significantly high remuneration relative to others in your field
10. Commercial success in performing arts (for performing artists)

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Final Merits Determination

Meeting at least 3 criteria is just the start. USCIS reviews your full record to decide if you show sustained national or international acclaim and are at the top of your field. Strong evidence across 4-5 criteria is usually more persuasive than weak evidence across many criteria.

EB-1A Documentation

• Educational credentials: Degrees, diplomas, transcripts (no minimum degree required).
• Evidence for each criterion claimed: Publications, citations, award documentation, judging invitations, expert letters, salary comparisons, and media coverage.
• Expert recommendation letters: 5-8 letters from recognized authorities explaining why your achievements rise to an extraordinary level.
• Detailed CV/resume: Comprehensive professional history highlighting achievements and recognition.

Key Advantage: Self-Petition

EB-1A is self-sponsored - no employer or job offer required. You can work for any employer or on your own after receiving the green card.

EB-1B Requirements: Outstanding Researchers and Professors

EB-1B is for researchers and professors with international recognition as outstanding in their field.

Who Qualifies

• Researchers or professors teaching or conducting research at universities, higher education institutions, or private research organizations.
• You need at least 3 years of experience teaching or conducting research in your field. Experience you gained during an advanced degree can count if you had full responsibility for the work.
• International recognition as outstanding in your specific academic area.

Position Requirements

You must be entering the U.S. for:

• Tenure or tenure-track teaching position at a university or institution of higher education, OR
• Comparable research position at a university or institution of higher education, OR
• Research position with a private employer that employs at least three full-time researchers and has documented achievements in the academic field

Offer of employment required: Unlike EB-1A, EB-1B requires a U.S. employer sponsor and a specific job offer.

Evidence Requirements

You must provide evidence of at least two of the six regulatory criteria:

1. Major prizes or awards for outstanding achievement in the academic field.
2. Membership in associations that require outstanding achievements, as judged by recognized experts.
3. Published material in professional publications written by others about your work.
4. Participation as a judge of others’ work in the field (peer review, grant panels, editorial boards).
5. Original scientific or scholarly research contributions to the academic field.
6. Authorship of scholarly books or articles in scholarly journals with international circulation.

EB-1B Documentation

• Proof of at least 3 years of experience: Employment verification letters detailing research or teaching roles
• Evidence for at least 2 of 6 criteria: Publications, citations, awards, peer review invitations, expert letters
• Job offer documentation: Offer letter for tenure-track or research position, description of the position
• Employer evidence: For private employers, evidence of at least 3 full-time researchers and documented achievements
• Expert letters: 5-7 letters from recognized scholars explaining why you're internationally recognized as outstanding

EB-1B vs EB-1A

EB-1B has a lower standard (outstanding vs extraordinary) but requires employer sponsorship and a specific job offer. EB-1A allows self-petition but demands higher achievements. For detailed EB-1B qualification criteria, see the EB-1B requirements guide. Many researchers pursue both simultaneously.

EB-1C Requirements: Multinational Executives and Managers

EB-1C is for multinational executives and managers transferring to the U.S. operations of the same company or affiliated entity.

Employee Requirements

1. One year abroad: You must have worked for the qualifying foreign company for at least one continuous year within the three years preceding your transfer to the U.S.
2. Managerial or executive capacity abroad: Your foreign position must have been genuinely managerial or executive, not just a senior-sounding title with primarily operational duties.
3. Transfer to managerial or executive role: Your U.S. position must also be in a managerial or executive capacity.

Employer Requirements

1. Qualifying relationship: The U.S. and foreign entities must have a qualifying corporate relationship (such as a parent-subsidiary relationship, a branch, or affiliates under common ownership or control).
2. Doing business: Both entities must be actively conducting regular, systematic business operations. Shell companies or dormant entities don't qualify.
3. U.S. operations for one year: The U.S. entity must have been doing business for at least one year before filing EB-1C. This distinguishes it from L-1 new office petitions.

Managerial Capacity Defined

Managers must:

• Manage the organization, department, function, or component.
• Supervise and control the work of professional employees or managers.
• Have authority to hire, fire, or recommend personnel decisions.
• Exercise discretion over day-to-day operations

Function managers who manage an essential function rather than people can qualify if the function is sufficiently senior and important.

Executive Capacity Defined

Executives must:

• Direct the management of the organization or a major component of it.
• Establish goals and policies.
• Exercise wide latitude in discretionary decision-making.
• Receive only general supervision from higher-level executives or the board.

EB-1C Documentation

• Foreign employment evidence: Employment verification letters, organizational charts showing position abroad, evidence of managerial/executive duties
• U.S. position evidence: Offer letter or current employment letter describing U.S. role, organizational chart showing U.S. reporting structure, job description emphasizing managerial/executive duties
• Corporate relationship evidence: Articles of incorporation, stock certificates, organizational structure documents, and financial statements for both entities
• Proof of doing business: Evidence that both entities are actively operating (tax returns, financial statements, client contracts, employee records)
• Evidence of one year minimum: Documentation showing the U.S. entity has been doing business for at least one year

EB-1C vs L-1A

EB-1C criteria closely align with those for the L-1A visa. Many professionals hold L-1A status while pursuing EB-1C for permanent residency. Key difference: EB-1C requires the U.S. entity to have operated for at least 1 year, whereas L-1A allows new-office petitions.

Comparing the Three EB-1 Categories

Key Distinctions

• Self-petition capability: Only EB-1A allows self-petition. EB-1B and EB-1C require employer sponsorship.
• Field of endeavor: EB-1A covers sciences, arts, education, business, and athletics. EB-1B is for academic fields only. EB-1C applies to any field for managerial/executive roles.
• Evidence focus: EB-1A requires sustained acclaim demonstrating top-of-the-field status. EB-1B requires international recognition in academia. EB-1C requires managerial/executive capacity and a corporate relationship.
• Job offer requirement: EB-1A doesn't require job offers. EB-1B and EB-1C require specific employment.
• Prior experience: EB-1A has no experience requirement. EB-1B requires 3 years in research/teaching. EB-1C requires 1 year of employment abroad with a qualifying organization.

Which Category to Pursue

Choose EB-1A if you have sustained national or international acclaim and want employment flexibility. Choose EB-1B if you're an academic with international recognition and a tenure-track or research offer. Choose EB-1C if you're a manager or executive transferring within a multinational company.

Some professionals qualify for multiple categories. Pursuing multiple EB-1 petitions simultaneously is permitted and can be strategic.

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Common EB-1 Challenges and Solutions

• Insufficient evidence of top-tier status: Meeting criteria technically but failing to demonstrate you're truly at the very top. Solution: Focus on quality over quantity. Strong evidence in 4-5 criteria beats weak evidence in 7. Emphasize impact and recognition.
• Weak expert letters: Generic recommendations without explaining why you meet the required standard. Solution: Letters must come from recognized authorities who specifically address why your achievements rise to the level of extraordinary ability or outstanding researcher, and why you compare with others in the field.
• Unclear job descriptions (EB-1B/EB-1C): Job duties mixing significant operational work with qualifying responsibilities. Solution: Clearly delineate qualifying duties from incidental responsibilities. Provide organizational charts and detailed descriptions emphasizing qualifying elements.
• Weak corporate relationship documentation (EB-1C): Insufficient evidence of qualifying relationships or active business operations. Solution: Provide comprehensive corporate documents, stock certificates, organizational charts, and financial statements for both entities.
• Overlooking final merits determination: Focusing only on meeting minimum criteria without building a narrative of sustained acclaim. Solution: The petition must tell a cohesive story, using expert letters, personal statements, and organized evidence to demonstrate field leadership.

EB-1 Processing Time and Priority Dates

Processing Timeline

• I-140 petition: 4-6 months standard processing, or 15 days with premium processing ($2,805)
• After I-140 approval: If the priority date is current, you can immediately file I-485 (adjustment of status) or proceed with consular processing.
• I-485 processing: 6-18 months from filing to green card approval
• Total timeline: For most countries with current priority dates, 12-24 months from I-140 filing to green card.

Priority Date Backlogs

EB-1 is generally current or near current in most countries, meaning visa numbers are immediately available after I-140 approval. However, India and China occasionally face minor backlogs:

• India: Historically current but experienced retrogression 2018-2023. Currently showing waits of 2-4 years for some applicants, depending on category and filing date.
• China: Occasionally faces waits of 1-3 years.
• Rest of world: Generally current with no significant waits.

For India-specific details, see the EB-1 priority date guide.

Comparison to Other Categories

EB-1 processes significantly faster than EB-2 and EB-3 for India and China applicants due to minimal priority date backlogs. For a detailed comparison of standards and timelines, see the EB-1 vs EB-2 NIW guide. For India, EB-2 faces 5-10+ year waits and EB-3 faces similar or longer waits, making EB-1 highly advantageous when qualifying.

Get Expert EB-1 Requirement Guidance

Successfully navigating EB-1 requirements requires understanding the specific evidentiary standards for your category and building compelling documentation that demonstrates you meet them. Beyond Border provides comprehensive EB-1 services across all three categories.

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Frequently Asked Questions

What are the main EB-1 requirements?

Requirements vary by category: EB-1A requires extraordinary ability demonstrated through 3 of 10 criteria; EB-1B requires international recognition as an outstanding researcher/professor plus 2 of 6 criteria and a job offer; EB-1C requires 1 year abroad as a manager/executive and transfer to a qualifying U.S. role.

Can I self-petition for EB-1?

Only EB-1A allows self-petition. EB-1B and EB-1C require employer sponsorship with a specific job offer or transfer.

Do I need a job offer for EB-1?

EB-1A does not require a job offer. EB-1B requires an offer of a tenure-track or research position. EB-1C requires transfer to a U.S. managerial/executive position within the same multinational organization.

What is the difference between EB-1A, EB-1B, and EB-1C?

EB-1A is for extraordinary ability individuals in any field (self-petition). EB-1B is for outstanding researchers/professors (requires an employer and a job offer). EB-1C is for multinational managers/executives (requires employer and qualifying transfer).

How many criteria do I need to meet for EB-1A?

At least 3 of 10 regulatory criteria, even if onAt least 3 of 10 regulatory criteria must be met, even if only 3 are, to guarantee approval.n, evaluating whether the totality demonstrates you're among the very top of your field.

Do I need a PhD for EB-1?

No. EB-1A has no degree requirement. EB-1B typically requires advanced degrees, given its focus on research and teaching. EB-1C has no specific degree requirement, as qualification is based on managerial/executive capacity.

Can I apply for multiple EB-1 categories?

Yes. You can pursue multiple EB-1 categories simultaneously if you potentially qualify for each. A common strategy is EB-1A plus EB-1B for academics, or multiple categories as backup options.

How long does EB-1 processing take?

I-140 takes 4-6 months standard or 15 days with premium processing. After approval, an I-485 takes 6-18 months. Total: 12-24 months for most countries. India and China may add 2-4 years due to occasional priority date waits.

What is the final merits determination for EB-1A?

After confirming you've met 3 criteria, USCIS evaluates the totality of evidence to determine if you're truly among the small percentage at the very top of your field. This holistic assessment is where many petitions succeed or fail.

Can I upgrade from EB-2 to EB-1?

Yes. Filing EB-1 while EB-2 is pending is permitted. If both are approved, you use the earlier priority date. Many professionals pursue EB-1 to bypass long EB-2 waits for India and China.