EB-1 Visa: First Preference Employment-Based Immigrant Visa

The EB-1 visa is a first-preference employment-based immigrant visa for individuals with exceptional qualifications in specific fields. It is designed for priority workers who demonstrate extraordinary ability, outstanding professional achievements, or executive/managerial experience in multinational companies. This visa offers permanent residency (Green Card) to eligible applicants and typically has faster processing times compared to other employment-based visa categories.

EB-1 Subcategories

1. EB-1A: Extraordinary Ability

The EB-1A visa is for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics.

Eligibility Criteria:

To qualify, applicants must provide extensive documentation proving that they meet at least three (3) of the following ten (10) criteria (or a major internationally recognized award, such as a Nobel Prize or an Olympic Medal):

1. Receipt of nationally or internationally recognized prizes or awards for excellence.
2. Membership in associations requiring outstanding achievements as a condition of membership.
3. Published material about the applicant in professional or major trade publications.
4. Evidence of participation as a judge of others’ work in the field.
5. Original contributions of major significance in the field.
6. Authorship of scholarly articles published in professional journals or major media.
7. Display of work at exhibitions or showcases.
8. Leading or critical role in distinguished organizations.
9. High salary or other significantly high compensation compared to others in the field.
10. Commercial success in performing arts (e.g., box office receipts, music sales).

Key Benefits:

• No employer sponsorship required (self-petition allowed).
• No labor certification (PERM) required, which speeds up processing.
• Premium processing available (optional).

2. EB-1B: Outstanding Professors and Researchers

The EB-1B visa is for internationally recognized professors and researchers who have at least three years of experience in teaching or research.

Eligibility Criteria:

Applicants must meet at least two (2) of the following six (6) criteria:

1. Major prizes or awards for outstanding achievements.
2. Membership in associations that demand significant accomplishments.
3. Published material in professional publications written by others about their work.
4. Participation as a judge or reviewer of others’ work in the field.
5. Original scientific or scholarly research contributions.
6. Authorship of scholarly books or articles in recognized journals.

Additional Requirements:

• The applicant must have a job offer from a U.S. university or research institution.
• The position must be tenure-track, permanent, or a comparable research role.
• Employer sponsorship is required.

3. EB-1C: Multinational Executives and Managers

The EB-1C visa is designed for executives and managers of multinational companies who are being transferred to the U.S. to continue working for their employer.

Eligibility Criteria:

Applicants must:

• Have worked at least one year in the past three years for a foreign branch, affiliate, or subsidiary of a U.S. company.
• Be entering the U.S. to work in a managerial or executive role.
• The U.S. company must have been operating for at least one year.

Key Benefits:

• No labor certification (PERM) required.
• Faster processing compared to lower preference employment-based visas.
• Dual intent visa (allows Green Card application while on L-1 visa).

Application Process for EB-1 Visa

Step 1: File Form I-140 (Immigrant Petition for Alien Worker)

• For EB-1A: Applicants can self-petition (no employer sponsorship required).
• For EB-1B & EB-1C: Employer must file the petition on the applicant’s behalf.
• USCIS reviews the petition and may request additional evidence (RFE).

Step 2: Priority Date and Visa Bulletin

• The applicant must wait for a current priority date (typically, EB-1 visas have faster availability).
• The Visa Bulletin from the U.S. Department of State determines if a Green Card is available.

Step 3: Apply for Adjustment of Status or Consular Processing

• If in the U.S., file Form I-485 (Adjustment of Status) for a Green Card.
• If outside the U.S., complete Consular Processing through a U.S. embassy.

Processing Time for EB-1 Visa

• Form I-140 Processing Time: 6 months (Premium Processing: 15 days).
• Adjustment of Status (I-485) or Consular Processing: 6–12 months (varies by country).

Advantages of the EB-1 Visa

• No PERM Labor Certification Required (faster process).
• EB-1A allows self-petition (no employer sponsorship needed).
• Higher priority for Green Card processing.
• Dual Intent Visa, meaning applicants can apply while on a temporary work visa.

Would you like assistance determining your eligibility for the EB-1 visa?