Business Visa
August 27, 2025

I-140 for EB1: Complete Guide to Filing, Processing Times, and Next Steps

The I-140 for EB1 petition is your gateway to the EB1 green card. This guide explains what the form is, who qualifies, self-filing under EB1A, premium processing times, and what happens after approval, written in plain language, with practical tips from Beyond Border.

Key Takeaways:
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    The I-140 for EB1 is the petition proving you qualify for an EB1 green card.
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    EB1A petitions can be filed without an employer, but require strong evidence.
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    Premium processing cuts decision time to 15 days but doesn’t fast-track every step.
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    Processing times vary by country; EB1 India applicants often face extra waits.
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    Approval of the I-140 is not the finish line, it’s one step on the path.
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    Beyond Border has guided founders, researchers, and executives through every stage.

Why the I-140 Feels So Intimidating at First

If you’re just hearing about the I-140 for EB1, it may feel like a puzzle box. The name itself sounds bureaucratic, and USCIS forms are never friendly. Clients often tell us their first reaction was panic: “Am I even eligible?” “Do I need a lawyer?” “How long does this take?”

We’ve walked with many people in that same place, engineers in Bangalore, biotech founders in Berlin, even musicians from Latin America. What they all shared was ambition and confusion. That’s where Beyond Border steps in. We translate the USCIS process into everyday steps you can actually follow.

What Is Form I-140 and How Does It Work with EB1?

The I-140 form is officially called the “Immigrant Petition for Alien Worker.” USCIS uses it to decide if you’re qualified for an employment-based green card. In the EB1 category, this form is the backbone. Without it, you can’t even begin.

Think of EB1 as a lane on the highway. The I-140 is the toll ticket that gets you in. You submit evidence of your achievements, whether you’re an extraordinary researcher, a celebrated professor, or a multinational executive. Once USCIS reviews it and says yes, you can move to the next stage.

Who Qualifies for EB1? The Three Paths

There isn’t just one EB1. There are three main doors, and each has different keys.

  • EB1A: Extraordinary ability. This is for professionals who have risen to the very top of their field, scientists, startup founders, artists, athletes. It allows self-filing.
  • EB1B: Outstanding professors and researchers. Usually sponsored by a university or institution.
  • EB1C: Multinational executives or managers. Typically filed by large companies transferring leaders to the U.S.

So who is eligible for EB1 category? A scientist with 50 citations, a founder with patented technology, or an executive building U.S. operations may all qualify. The trick is choosing the right EB1 lane and showing USCIS proof that fits

Can You File EB1 Yourself?

The question we hear most often is: Can I file EB1 myself? If you’re under EB1A, yes. That’s one of its best features. You don’t need a U.S. company to file for you. Founders love this option, because it lets them stay independent.

But “self-filing” doesn’t mean casual. The petition still has to be airtight. You’ll need to frame your achievements as extraordinary, line up recommendation letters, and organize everything in USCIS’s preferred format. Many of our EB1A clients come to Beyond Border because they want help crafting that story, not because they can’t file, but because they want to get it right.

If you’re in EB1B or EB1C, self-filing isn’t possible. A university or employer must submit the petition.

What Evidence Does an EB1A Petition Need?

I-140 for EB1Beyond Border

USCIS lists ten possible categories of evidence. To succeed, you must prove at least three. In reality, strong petitions cover four, five, or more.

Typical evidence includes:

  • National or international awards.
  • Articles written about you in media outlets or journals.
  • Membership in selective professional groups.
  • Judging roles, reviewing research, competitions, or grant proposals.
  • Original contributions with real-world impact.
  • Articles or studies you’ve authored.
  • Exhibitions or showcases of your work.
  • Leading roles in respected organizations.
  • Salary that’s unusually high compared to peers.
  • Commercial success, often for artists or performers.

At Beyond Border, we once helped a young AI researcher. She didn’t have a Nobel Prize, but she had high citations, peer-review experience, and media features about her startup. That combination was enough to secure EB1A approval.

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EB1 I-140 Processing Time: Patience Required

So how long does the I-140 EB1 processing time take? On average, five to nine months. That’s just for USCIS to review the petition. But the full green card journey can take longer, especially if you’re from a high-demand country.

For Indian applicants, the I-140 processing time for EB1 India is tricky. The petition itself may move fast, but then you hit the visa bulletin backlog. Imagine winning the race but waiting at the finish line because the gate isn’t open yet. That’s what backlogs feel like.

We prepare clients for this upfront, so they don’t get blindsided by delays.

Premium Processing: Speeding Up the First Step

If waiting months feels unbearable, USCIS offers EB1 I-140 premium processing. For an extra fee, your petition gets reviewed in just 15 days.

It sounds like magic, but here’s the reality: premium processing only speeds up the I-140 stage. It won’t make the visa bulletin move faster, nor will it shorten adjustment of status. That said, for many professionals, 15-day clarity is worth every dollar.

Some entrepreneurs on short-term visas choose premium processing simply for peace of mind. They’d rather know quickly than live in uncertainty for half a year.

What Happens After I-140 Approval?

Approval feels amazing, but let’s set expectations. An EB1 I-140 approved doesn’t mean you have a green card in your hand. It just means USCIS agrees you qualify.

Next steps depend on your situation:

  • If you’re inside the U.S., you’ll file Form I-485 for adjustment of status.
  • If you’re abroad, you’ll go through consular processing at a U.S. embassy.

Both involve paperwork, interviews, and sometimes more waiting. At Beyond Border, we guide clients through each stage so they don’t lose time with avoidable errors.

Clearing Up the I-140 vs EB1 Confusion

This is a simple but important point. The I-140 is the petition. The EB1 is the visa category. Without the petition, you can’t enter the category.

We often tell clients: EB1 is the destination, the I-140 is the ticket. You need both.

I-140 Fees in 2025: Everything You Need to Know Before Filing

Tips That Make an EB1A Petition Stronger

Here are patterns in successful cases:

  • Keep your story consistent. Connect your evidence instead of scattering it.
  • Recommendation letters should highlight your influence, not repeat your résumé.
  • Don’t dismiss smaller press coverage, USCIS counts it.
  • Numbers help: citations, patents, sales, or revenue growth.
  • Keep everything neat. Officers appreciate petitions that are easy to navigate.

Beyond Border builds petitions with this mindset, making your file feel more human and more convincing.

EB1 NIW vs EB1A: Clearing the Mix-Up

We often hear people ask about EB1 NIW requirements. The National Interest Waiver isn’t in EB1 at all, it’s under EB2. But confusion is common.

Both EB1A and NIW let you self-petition. EB1A is about proving extraordinary ability. NIW is about showing your work benefits the U.S. broadly. For some clients, NIW makes more sense. For others, EB1A is the faster lane. We analyze both before recommending a strategy.

FAQs We Hear All the Time

Q. What is I-140 form? 

The official petition to apply for an employment-based green card.

Q. What is I-140 petition? 

The act of filing the form with evidence for USCIS review.

Q. EB1 I-140 approved what next? 

File adjustment of status or consular processing.

Q. Can I file EB1 myself? 

Yes, if you’re EB1A. Not if you’re EB1B or EB1C.

Final Thoughts: Why Work with Beyond Border

Filing the I-140 for EB1 isn’t just about forms. It’s about presenting your career story in a way that convinces USCIS. That requires structure, strategy, and attention to detail.

At Beyond Border, we’ve guided everyone from startup founders to professors through this process. We don’t just check boxes, we shape petitions that reflect the real depth of your achievements. If you’re ready to take your EB1 journey seriously, reach out to Beyond Border today. Together, we can turn your professional success into a green card reality.

We’ve handled this before. We’ll help you handle it now.

Let Beyond Border help you apply lessons from the past to tackle today’s challenges with confidence.

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