EB-1: Priority Workers

EB-1 is the first employment-based preference category for obtaining a green card through employment.

EB-1A: Extraordinary Ability

For individuals with extraordinary ability. You may file on your own (self-petition), without an employer. The criteria are similar to O-1A, but the standard is higher.

EB-1B: Outstanding Professors and Researchers

For scholars and professors with international recognition. Requires a minimum of 3 years of experience and a job offer from a university or research institution.

EB-1C: Multinational Managers and Executives

For managers and executives of multinational companies. Requires at least 1 year of employment abroad with an affiliated company within the past 3 years.

EB-1A is the most attractive subcategory because it does not require a sponsoring employer.

Criteria (at least 3 of 10)

• National or international awards
• Membership in prestigious associations
• Published material about the applicant in major media
• Participation as a judge or expert reviewer
• Original scientific or business contributions
• Authorship of scholarly articles in leading journals
• Artistic exhibitions
• Leadership role in distinguished organizations
• High remuneration
• Commercial success in the performing arts

USCIS Two-Step Analysis

USCIS first evaluates whether the applicant meets the criteria, then assesses the totality of evidence to determine whether the applicant has demonstrated extraordinary ability.

Filing for EB-1 involves an I-140 petition followed by Adjustment of Status or Consular Processing.

Steps

1. File I-140 ($715 + optional Premium Processing $2,965)
2. I-140 approval (15 business days with Premium Processing; 4–8 months without)
3. File I-485 (if priority date is current) or wait
4. Biometrics and interview
5. Receive green card

Advantages of EB-1

• Generally no lengthy backlog (for most countries)
• EB-1A does not require labor certification (PERM)
• Premium Processing is available