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Gold Standard Pathway: The EB-1 is the fastest green card option for top employees, researchers, and multinational managers.
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EB-1 does not require PERM labor certification, which is typically mandatory for EB-2 and EB-3 petitions.
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Three Separate Types:EB-1A (self-petition), EB-1B (professors/researchers), and EB-1C (multinational managers).
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Current Priority Dates: For most countries, EB-1 priority dates remain current or close to current as of early 2026, but India and China continue to experience significant retrogression and longer wait times.
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Fast Track: For applicants with current priority dates, the EB-1 process can be completed in roughly 12–18 months (with premium processing and concurrent filing). Applicants from India and China will typically experience longer waiting periods due to priority date retrogression.
The best immigration option in the U.S. is the EB-1 green card. It is regularly referred to as the Einstein Visa. People at the very top of their field, whether in science, business, art, or academia, are the ones who consume it.
When you are a founder of a start-up who has raised capital, or a researcher whose articles have been quoted extensively, or an executive who manages global teams, the EB-1 will put you on a direct road to permanent residence without the delays experienced with other green cards.
What Is the EB-1 Green Card?
EB-1 is the first-preference employment-based green card category. Unlike EB-2 and EB-3, it does not require a Department of Labor labor certification to prove the unavailability of U.S. workers.
The EB-1 has three parts:
EB-1A (Extraordinary Ability): Scientists, business executives, artists, athletes, and entrepreneurs who demonstrate extraordinary ability in their field may qualify and self-petition without a job offer.
EB-1B (Exceptional Professor and Researcher): Internationally recognised academicians must have a permanent job offer from a university or research institution, and the evidentiary standard is lower than that of EB-1A.
EB-1C (Multinational Managers and Executives): It is designed for managers or executives who have transferred from a foreign branch to a U.S. office of the same employer and is frequently pursued by individuals on L-1A status.
The three options grant permanent residency, allowing you to live and work anywhere in the U.S. indefinitely.
EB-1A vs EB-1B vs EB-1C: Which Category Fits You?
Feature
EB-1A
EB-1B
EB-1C
Who Is It For?
Founders, scientists, artists, athletes, business leaders
Academic professors, private sector researchers
Executives & managers transferring to the U.S.
Employer Required?
No (self-petition)
Yes
Yes
Requirements
Meet 3 of 10 criteria
Meet 2 of 6 criteria
Manager/exec role abroad for 1 year
Primary Benefit
Work freedom (including self-employment)
Tenure-track or permanent research role
Best for L-1A transitions
EB-1A (Extraordinary Ability) Overview
EB-1A applies to individuals who can demonstrate that they are the best in their profession. That may be Nobel laureates, startup founders who want to become millionaires, an AI researcher with dozens of citations, or a designer who appears on major shows. You do not require a job (offer), nor an employer sponsor. All that is required is that you meet at least 3 of the 10 USCIS criteria.
EB-1B is reserved for scholars and researchers of international reputation. A university (such as a tenure-track position) or a non-academic organisation with a research group of at least 3 full-time researchers is required. Only 2 of 6 criteria are required, and USCIS grants most EB-1B petitions when it can be shown that the academic impact was conspicuous.
EB-1C is intended for executives of multinational corporations. You must have completed one year of work at your employer's foreign office within the past three years, and you are now coming to the U.S. to head a U.S. office in a managerial or executive position. The primary objective is to demonstrate managerial capacity, i.e., managing professionals or a vital business area such as supply chain, product strategy, etc.
EB-1 Eligibility Requirements by Category
Understanding the specific EB-1 eligibility requirements is essential before gathering evidence.
EB-1A Requirements: The "3 out of 10" Rule
You need to prove at least 3 out of 10 of the following criteria unless you are a major recipient of internationally-known awards, say a Nobel Prize, an Oscar, or an Olympic Medal:
EB-1A: 10 Criteria (Meet 3 of 10)
1
Nationally or Internationally Recognized Prizes: Awards that indicate excellent performance. For STEM professionals, this includes being listed on a mailed 30 Under 30 list or having won a TechCrunch Disrupt award.
2
Membership in Associations that Entail Excellent Performance: Membership in Associations is not a paid subscription; it is an excellent achievement. They include the National Academy of Engineering status or IEEE Fellow status. We target acceptance rates below 5%.
3
Published Material About Your Work: Commercial magazines or mainstream media reporting on your work. Publicity in Forbes, TechCrunch, or the New York Times is effective.
4
Judging the Work of Others: Reviewing a work, acting as a peer reviewer or a judge on panels, e.g., on NeurIPS review panels or on VC pitch competitions.
5
Original Contributions of Major Significance: Products that impact your area. The $30M Series B raise indicates investor confidence in the venture, and patented algorithms licensed by Fortune 500 companies signal STEM change.
6
Scholarly Articles: Publications by professional journals that possess a higher number of citations than the average for your discipline.
7
Display of Work (Artistic): Work exhibited at a major gallery, film festival, or a high-traffic virtual exhibition.
8
Critical or Leading Role: Playing a critical role in a reputable company, like CEO or CTO of an acquired start-up, or a company that has reached a high revenue target.
9
High Salary: Top 10% (90th percentile) pay in your job grade, based upon tax filings or equity grants.
10
Commercial Success (Performing Arts): Box office receipts or record sales.
USCIS updated guidance to better recognise STEM and entrepreneurship achievements. They understand that software engineers prove excellence differently from film directors.
EB-1B Requirements: Academic Excellence Standards
EB-1B needs attestation of international acclaim in your field of learning and a professional employment opportunity with an accredited employer and 3 years of teaching or research experience. Present support of at least 2 of the 6 requirements:
Provide evidence for at least 2 of these 6 criteria:
Major prizes or awards
Association membership based on excellent performance
Published copy about your work by others
Participation in the work of other people as a judge
Original scientific/scholarly research work/contribution
Research publication in books or articles
EB-1C requires proving three elements:
1. The "1-in-3" Rule: You worked for the foreign entity for at least 1 continuous year within the last 3 years.
2. Managerial Role Abroad: Foreign employment in a qualifying managerial or executive capacity.
3. Qualifying U.S. Role: Coming to the U.S. in a managerial or executive capacity for a related entity.
Two qualifying role types exist:
Personnel Manager: Supervise professional employees (engineers, accountants). USCIS expects multi-tiered hierarchies, managing managers, not just entry-level staff.
Functional Manager: Manage a critical business function at a senior level without managing many people. Example: Global Director of Supply Chain managing multi-million dollar budgets with contract signature authority, even with one direct report.
Functional manager cases require documentation that demonstrates the strategic focus, not operational tasks.
EB-1 Processing Time & Timeline (2026 Update)
EB-1 processing time consists of two main stages.
Stage 1: I-140 Petition Processing
Processing Standard 6-9 months.
Premium Processing will ensure that EB-1A and EB-1B responses are received within 15 business days, and EB-1C responses are received within 45 business days. It costs about $2,850. Premium will only guarantee a decision, not approval.
Stage 2: Adjustment of Status or Consular Processing
Provided that you are already in the U.S. and have a valid visa (H -1B, L -1, or O -1), you may also file Form I-485 without having to leave the country. This is completed within 8-14 months.
If you are outside the U.S., you will be interviewed at a U.S. consulate. It is also a faster option, taking 2 to 4 months after your I-140 is approved.
Most countries retain an EB-1 Current status in early 2026. This means you can submit your I-140 and I-485 simultaneously, saving you significant time.
What Can Delay Your Application
The process is further delayed by 2-4 months when USCIS requests additional documents via Requests for Evidence (RFEs).
There is a risk of backlog priority date retrogression for applicants in India and China, where the number of applicants exceeds the annual quota.
In case you have not provided paperwork or provided an incorrect fee, your application will be disqualified, and you will be required to provide another application
Priority Dates & Visa Bulletin: What You Need to Know
The date when you can apply to receive a green card is determined by your priority date, the date upon which you submit the I-140. The monthly visa bulletin lists the cutoff dates for each category and country.
The category remains under Current, and as such, you can immediately file to obtain a green card, unlike most EB-1 applicants. However, applicants sometimes face backlogs in India and China. In case you were born in India, refer to the India backlog.
The Visa Bulletin gives two dates: the Final Action Date on which USCIS would allow you to get green cards, and the Filing Date, on which you would be able to submit your I-485 early to be able to work. The chart you use is updated every month by USCIS.
EB-1 Costs & Fees (2026 Fee Schedule)
Total EB-1 costs include government fees, premium processing (optional), and attorney fees.
Government Filing Fees
I-140 Petition: $715 (base fee)
Asylum Program Fee (added to employer-sponsored petitions):
Large employers (26+ employees): $600.
Small employers (≤25 employees): $300.
Non-profits: $0.
EB-1A self-petitions: $0.
Total I-140 Cost: $715 (EB-1A) to $1,315 (EB-1B/C large employer).
I-485 (Adjustment of Status): $1,440 per applicant.
Children under 14 with parents: $950.
Premium Processing: ~$2,850.
Common EB-1 Challenges & How to Avoid Them
RFE Red Flags
Common EB-1 Application Mistakes
Generic recommendation letters: Letters lacking specific examples of unique contributions signal weak evidence.
Insufficient sustained acclaim proof: Meeting minimum criteria isn't enough-USCIS conducts "final merits determination" assessing whether you're truly at the top.
Weak managerial capacity evidence (EB-1C): Organizational charts that do not show professional employee management or significant functional control raise questions.
Missing achievement context: Listing citations, awards, or salary without explaining their significance relative to your field leaves USCIS guessing.
Evidence Quality Standards
USCIS has a different standard for assessing excellence. If you are a founder, a large Series B round with leading investors signals credibility. As an AI researcher, your 500-plus citations in a particular subject area demonstrate your significant influence.
Provide background; do not merely provide figures. Add statistics of the Bureau of Labour Statistics or Levels that indicate that you are making a salary in the 5th percentile of the market. Because, as well, there are reasons why the publications you mention are honoured in your profession.
Category-Specific Pitfalls
EB-1A: Apply too early. Even the outstanding performance may not demonstrate the continual appreciation in the case of only 3-4 years of experience. Demonstrate a history of great performance.
EB-1B: Ensure that the employer does not defy the rules. It must consist of at least three full-time researchers from private firms with proven track records. The small research groups within product firms are not always qualified.
EB-1C: In order to be qualified, you must be able to provide convincing evidence that you established a company policy or strategy and not day-to-day activities.
Ready to Start Your EB-1 Journey?
An EB-1 green card requires clever planning and evidence. As an entrepreneur, researcher, or global manager, it is critical to select the appropriate classification and make a strong case.
Beyond Border assists the leading professionals in obtaining their green cards through EB-1. Our group guides founders, scientists, executives, and academics through eligibility checks to I-140 approval and eventual green card issuance.
We understand how USCIS evaluates current occupations, such as startup founders, AI creators, and international managers. We are fully aware of what evidence may be required to obtain approval from an RFE.
Q1: Is EB-1 faster than EB-2 or EB-3? Yes. The EB-1 does not require PERM labour certification, saving 6-12 months, and priority dates are typically up to date. EB: applicants typically receive their green cards within 12-18 months, whereas most EB: applicants with Indian backgrounds must wait 5-10+ years for their applications to be approved.
Q2: Can I apply under EB-1A without an employment offer? Yes. It is your self-petition under EB-1A; you do not need an employer. Still, you are required to demonstrate that you are going to the U.S. to pursue your speciality.
Q3: I released a priority date that became retrogressive during the I-485? Once the I-485 is approved, processing continues regardless of retrogression. Your green card is not valid until the priority date is reached; once that happens, you will be placed in line again. You are also able to renew your work and travel permits.
Q4: Is my spouse allowed to work until my EB-1 is approved? Once you have submitted Form I-485, you can request that your spouse apply for an EAD. This typically takes 3-6 months. After acquiring it, they will have the opportunity to work in any career at any company in the United States.
Q5: between filing date and the final action date, what is the difference? The last action date will inform you when USCIS will grant you your green card. This filing date notifies you of the earliest time you may file Form I-485 (where this chart permits it). Early filing gives you the right to work and travel earlier; however, you still need the final action date for the green card.
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