Compare EB-1A extraordinary ability and EB-1C multinational executive green cards. Learn eligibility differences, requirements, and which path fits your profile.
The fundamental EB-1A vs EB-1C differences lie in what each category recognizes and rewards. EB-1A (Employment-Based First Preference, Category A) rewards individuals with extraordinary ability in sciences, arts, education, business, or athletics. This category focuses entirely on your personal achievements and recognition. Your employer doesn't matter. Your job title doesn't matter. What matters is proving you're among the small percentage who have risen to the very top of your field through sustained acclaim.
EB-1C (Employment-Based First Preference, Category C) rewards multinational executives and managers. This category focuses on your role within an international company structure. You must have worked abroad for at least one year in the three years before entering the US as an executive or manager. Your US employer must be related to the foreign company through parent, subsidiary, affiliate, or branch relationship. The category enables companies to transfer their key leadership to US operations permanently after initial L-1 temporary transfers.
Both categories are "first preference" meaning they're in the fastest employment-based green card tier. Neither requires labor certification proving no qualified US workers exist for your position. Both allow dependents (spouse and unmarried children under 21) to receive green cards. Processing times are similar, though country-specific backlogs affect both. The choice between them depends on whether your stronger case comes from personal achievements or multinational corporate role at USCIS.
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The EB-1A versus EB-1C requirements differ completely in what evidence you must provide. EB-1A has ten possible criteria. You must prove at least three through documentation. The criteria include receiving major internationally recognized awards, membership in associations requiring outstanding achievements, published material about you in professional publications, judging the work of others, making original contributions of major significance, authoring scholarly articles, displaying work at artistic exhibitions, performing in a leading role for distinguished organizations, commanding high salary, and achieving commercial success in performing arts.
Each piece of evidence must demonstrate extraordinary ability, not just competence or above-average achievement. Immigration officers evaluate evidence through a two-step process. First, they confirm you meet at least three criteria through proper documentation. Second, they assess whether the totality of evidence proves you have sustained national or international acclaim and are among the small percentage at the top of your field. Meeting three criteria isn't automatic approval - the overall profile must demonstrate truly extraordinary ability.
For extraordinary ability vs multinational executive applications, EB-1A puts the burden entirely on you to document achievements. You need expert letters from recognized authorities in your field, evidence of awards and recognition, proof of original contributions, documentation of high salary or remuneration, and whatever other evidence supports your three chosen criteria. The evidence package for EB-1A is typically extensive - 200-400 pages isn't unusual for strong cases. Quality matters more than quantity but comprehensive documentation strengthens your petition at USCIS.
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EB-1C evidence focuses on your executive or managerial role and the multinational company structure. You must prove you worked abroad for at least one year within the three years before entering the US (or filing if already here on L-1). This foreign employment must have been in an executive or managerial capacity. Executive roles involve directing the company or major components. Managerial roles involve supervising other employees or managing essential business functions. First-level supervisors of non-professional employees generally don't qualify.
You must document the qualifying relationship between your foreign and US employers. This requires corporate documents showing common ownership or control - articles of incorporation, stock certificates, organizational charts, and ownership structures. If the relationship changed over time through mergers, acquisitions, or restructurings, document these changes. USCIS needs to see the qualifying relationship existed during your foreign employment and continues for your US employment.
The US position must also be executive or managerial. You can't transfer from executive role abroad to individual contributor role in US under EB-1C. Document your US duties through detailed job description, organizational chart showing who you supervise, and evidence of your decision-making authority. The US company must be doing business - not just maintaining presence on paper. Provide financial statements, employee lists, and business activity evidence showing substantial US operations. EB-1C applications are typically shorter than EB-1A but still require comprehensive corporate and employment documentation.
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The self petition vs employer sponsored EB-1 distinction represents one of the most significant practical differences between categories. EB-1A allows self-petitioning - you file the I-140 immigrant petition yourself without requiring employer sponsorship. You control the process, timeline, and strategy. If you want to switch employers after approval, your approved EB-1A transfers with you. This independence is valuable for entrepreneurs, freelancers, and anyone concerned about employer control over their immigration status.
EB-1C requires employer sponsorship. Your US employer files the I-140 petition on your behalf. They pay filing fees (though you might reimburse them). They control petition timing and content. If you leave that employer before your green card is issued, the petition typically becomes invalid. This employer dependence creates vulnerability. However, it also means you don't bear the legal and financial burden alone. The company has incentive to ensure approval since they want to retain you permanently.
For founders and executives, the self-petition flexibility of EB-1A offers significant advantages. You can apply while running your startup without needing corporate approval. You're not tied to one employer if better opportunities emerge. However, EB-1A's evidence requirements are higher than EB-1C. Many executives qualify for EB-1C based on their multinational role but don't meet EB-1A's extraordinary ability standard. The choice often depends on which category you can actually prove rather than which structure you prefer at USCIS.
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Many applicants ask whether EB-1A or EB-1C is "easier" to get approved. The answer depends entirely on your specific circumstances. Neither category is objectively easier. EB-1A has higher individual achievement standards but offers self-petition flexibility. EB-1C has lower achievement requirements but needs specific corporate structure and role. The question isn't which is easier generally but which is stronger for your specific profile.
For choosing between EB-1A EB-1C, consider your professional background. If you're a founder or senior executive at a multinational company who transferred on L-1, EB-1C is often the natural path. You already proved the foreign role and qualifying relationship for L-1. Converting to EB-1C requires similar evidence plus showing US operations are substantial. If you don't have multinational company structure but have notable achievements, awards, or recognition, EB-1A might be your only first-preference option.
Some accomplished multinational executives qualify for both categories. In these cases, strategic considerations guide the choice. EB-1A self-petition provides more control and flexibility. EB-1C employer sponsorship might have better timing if your company is ready to file immediately. Processing times are similar for both categories. Approval rates vary by individual circumstances rather than category. Focus on building the strongest possible case for whichever category fits your profile rather than trying to force yourself into a category that doesn't match your actual qualifications at USCIS.
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You can theoretically apply for both EB-1A and EB-1C simultaneously if you qualify for each independently. The categories are separate and don't conflict legally. However, this dual filing approach is rarely recommended. First, it's expensive - two sets of filing fees, two legal cases to prepare, double the documentation work. Second, if one petition is weaker, it might undermine the stronger petition by raising questions about your qualifications. Third, most people have one clear stronger path.
The EB-1 categories comparison shows significant evidence overlap. If you're preparing EB-1A based on business achievements, you're likely documenting similar accomplishments needed for EB-1C if you have the multinational structure. The choice usually becomes obvious once you inventory your evidence. Either you clearly meet EB-1A's extraordinary ability standard (in which case file EB-1A for flexibility) or you don't but qualify for EB-1C through your multinational executive role.
Some scenarios justify considering both categories. Perhaps you filed EB-1C through your employer but the company faces financial difficulties. You might file backup EB-1A self-petition to protect yourself if the employer petition fails. Or maybe you're waiting in EB-2 or EB-3 queue with long backlogs and realize you qualify for EB-1C through your current role, while also having EB-1A potential through personal achievements. Dual filing makes sense only when you have strategic reasons beyond simple uncertainty about which category fits better at USCIS.
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Can I apply for EB-1A without a job offer? Yes, EB-1A allows self-petitioning without job offer or employer sponsorship, though you must intend to continue working in your field of extraordinary ability in the United States.
Is EB-1C only for L-1 visa holders? No, while many EB-1C applicants previously held L-1 status, you can apply directly for EB-1C without prior L-1 if you meet the foreign work and qualifying relationship requirements.
Which EB-1 category has faster processing? Both categories have similar processing times of 6-12 months for I-140 petition, with country-specific backlogs affecting final green card issuance for both equally.
Can I switch from EB-1C to EB-1A? Yes, if you qualify for EB-1A, you can file self-petition even if you have pending or approved EB-1C, though timing and strategic considerations should guide this decision.
