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Read MoreFor someone at the top of their field who wants to live and work permanently in the United States, the EB-1 visa is often the most direct route to a green card. It is the first preference, employment-based immigrant category, and unlike most employment-based green cards it does not require a labor certification from the Department of Labor. That single difference can make it faster than other categories, though how quickly a green card actually becomes available still depends on demand and country of birth.
The EB-1 category is reserved for priority workers: people with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. By law, first preference receives 28.6% of the roughly 140,000 employment-based immigrant visas issued each year, which works out to about 40,000 visas annually, split across the three subcategories. The subcategory does not change how a petition is processed.
Scott D. Pollock & Associates, P.C. represents both self-petitioners and sponsoring employers in EB-1 cases, from extraordinary-ability petitions to those for outstanding researchers and multinational executives.
EB-1 Subcategories and Requirements
The EB-1 category has three subcategories, each with its own standard.
The EB-1A is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Qualifying generally means either a one-time achievement of major international recognition, such as a Pulitzer, an Oscar, or an Olympic medal, or meeting at least three of the criteria USCIS recognizes as evidence of sustained national or international acclaim.
EB-1A is the only EB-1 subcategory that allows self-petitioning, meaning the individual can file the petition on their own behalf. No job offer or employer sponsorship is required.
The EB-1B is for professors and researchers recognized internationally as outstanding in a specific academic field. An applicant must show at least three years of teaching or research experience in the field and must be entering the U.S. for a tenured position, a tenure-track position, or a comparable permanent research position.
Unlike EB-1A, the EB-1B does not allow self-petitioning. The prospective U.S. employer must file the petition as the sponsor.
The EB-1C is for certain multinational managers and executives. To qualify, the applicant must have worked for the employer abroad in a managerial or executive role for at least one year in the three years preceding the petition, and must be coming to the U.S. to work for a related employer, also in a managerial or executive capacity.
As with the EB-1B, the employer must be the petitioner for an EB-1C visa.
How the EB-1 Process Works
Every EB-1 case starts with Form I-140, the Immigrant Petition for Alien Workers. But what happens after that? These steps trace a typical case from filing all the way to permanent residence.
1
File Form I-140
The petition is filed with USCIS. For EB-1A, the individual may file it; for EB-1B and EB-1C, the employer files as petitioner. The petition must be supported by evidence matched to the standard for the relevant subcategory: often detailed letters from current or former employers and documentation of the achievements that establish eligibility.
2
USCIS Adjudication
USCIS reviews the petition and issues an approval, a denial, a request for evidence, or a notice of intent to deny. Premium processing is optional: filing Form I-907 with an added fee shortens the wait for an initial decision for an EB-1 petition.
3
Wait for a Visa Number
An approved I-140 establishes eligibility but does not by itself grant status. A green card becomes available only when the applicant’s priority date is current under the monthly Visa Bulletin, which can involve a wait for applicants born in high-demand countries such as India or China.
4
Adjust Status or Consular Process
Once a number is available, the applicant either files Form I-485 to adjust status from within the United States, or completes consular processing at a U.S. consulate abroad, which results in the green card.
Priority Date and Final Action Date
Two dates govern when a green card actually becomes available. The priority date is the date USCIS receives the EB-1 petition; it is fixed and does not change. The final action date moves from month to month based on demand and the per-country limits, and it applies to EB-1 as a whole rather than to a specific subcategory.
The U.S. Department of State publishes both in its monthly Visa Bulletin. When demand in a category and country stays below the annual limit, the final action date moves forward; when demand exceeds the limit, the date can stall or move backward, which is called retrogression. EB-1 has hit its annual limit before the end of recent fiscal years, and final action dates for high-demand countries such as India and China have retrogressed, so availability can vary considerably by country of birth.
Why the EB-1 Skips Labor Certification
First-preference workers do not need a Department of Labor certification. Labor certification, also called PERM, is a labor-market test confirming that not enough available, qualified, and willing U.S. workers exist for the position and that hiring a foreign worker will not harm the wages or conditions of similar U.S. workers.
Among the employment-based categories, it is the second preference (EB-2) and third preference (EB-3) that generally require it, though an EB-2 applicant can sometimes avoid it through a national interest waiver. Because EB-1 skips PERM entirely, it removes one of the longest stages in the employment-based process—which is the main reason the category is often faster to reach approval than EB-2 or EB-3.
Frequently Asked Questions About EB-1
EB-1 is an employment-based immigrant visa category that can lead to a green card, meaning lawful permanent residence. Applicants abroad receive an EB-1 immigrant visa through consular processing, while those already in the U.S. adjust status directly. Either way, it is an immigrant (permanent) category, not a temporary nonimmigrant visa.
Only through EB-1A (extraordinary ability), which allows self-petitioning with no job offer or employer sponsor. EB-1B and EB-1C both require a U.S. employer to file the petition.
No. First-preference petitions skip the PERM labor certification entirely, which is one of the main reasons the EB-1 can move faster than the EB-2 or EB-3 routes. That advantage is about the process, not the final wait, which still depends on the priority date.
It depends on two separate things: how long USCIS takes to adjudicate the I-140, and how long the applicant waits for a green card to become available under the Visa Bulletin. For applicants born in high-demand countries, the second wait is usually the longer one.
They cover different profiles: EB-1A is for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational managers and executives. EB-1A allows self-petitioning; the other two require an employer sponsor.
Talk to an Attorney About the EB-1 Green Card
An EB-1 petition is won on the quality of its evidence, and how that evidence is matched to the regulatory criteria often makes the difference between approval and a request for evidence. The employment-based immigration attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience in immigration and nationality law, including first preference petitions for individuals of extraordinary ability, researchers, and executives.
To discuss whether the EB-1 category fits your situation, call 312.444.1940 or fill out our online contact form to schedule a consultation.
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