What Is the EB-1 Green Card?
The EB-1 category is reserved for “priority workers” and consists of three main subcategories:
You must show sustained national or international recognition in your field. No job offer is required. Evidence may include awards, published work, original contributions, or participation as a judge or expert reviewer.
EB-1B
You must hold a permanent research or teaching position and have at least three years of experience. International recognition and scholarly contributions are essential.
You must have worked for a qualifying company abroad for at least one year in the past three and are now transferring to a U.S. office in a similar executive or managerial role.
Why the EB-1 Green Card Is Unique
The EB-1 green card offers key advantages over other employment-based categories:
No PERM Labor Certification
Most employment green cards require a labor certification to prove no qualified U.S. workers are available. EB-1 applicants can skip this step entirely, saving time and avoiding delays.
Self-Petition Option (EB-1A)
Individuals with extraordinary ability can file their own petition. No job offer or employer sponsorship is required.
No Permanent Job Offer Required (EB-1A)
Unlike EB-1B and EB-1C, which require a full-time job offer from a U.S. employer, EB-1A gives applicants the flexibility to work independently or for multiple employers.
These features make EB-1 a faster, more flexible, and less burdensome path to permanent residency for highly qualified individuals.
EB-1 Green Card Application Process
The EB-1 green card process varies slightly depending on your subcategory. While all EB-1 applicants must file Form I-140 with USCIS, the type of petition, supporting documents, and who submits the petition depend on whether you’re applying under EB-1A, EB-1B, or EB-1C.
EB-1A: Extraordinary Ability
Who files
You can file Form I-140 on your own behalf. No job offer or employer sponsorship is required.
What’s required
Strong documentation proving national or international recognition
Evidence meeting at least 3 of the 10 USCIS criteria or a major one-time achievement (e.g., Pulitzer, Olympic Medal)
Labor certification
Not required
Next step
Once Form I-140 is approved, you may apply for adjustment of status (Form I-485) or proceed with consular processing
EB-1B: Outstanding Professors and Researchers
Who files
Your U.S. employer must file Form I-140 on your behalf.
What’s required
A permanent, full-time job offer in a research or teaching position.
At least 3 years of relevant academic or research experience.
Proof of international recognition in your academic field (awards, publications, memberships, etc.).
Labor certification
Not required
Next step
After Form I-140 approval, you may adjust status or complete consular processing based on your location
EB-1C: Multinational Executives and Managers
Who files
Your U.S. employer must submit Form I-140.
What’s required
A job offer from a U.S. branch, affiliate, or subsidiary.
You must have worked for a related company outside the U.S. in a managerial or executive role for at least 1 year in the past 3 years.
The U.S. position must also be managerial or executive in nature.
Labor certification
Not required
Next step
After Form I-140 approval, you may adjust status or complete consular processing based on your location.
Processing Times & Premium Processing
The timeline for EB-1 green card approval depends on several factors, including the USCIS service center handling your case, the strength of your petition, and whether additional evidence is requested.
Estimated average processing times for Form I-140:
EB-1A and EB-1B: 4 to 9 months
EB-1C: 8 to 12 months
Cases may take longer if USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Adjustment of Status (Form I-485): 8 to 14 months, depending on your local field office and priority date availability.
Premium Processing
Common Challenges and How to Avoid Them
Incorrect Category Selection
Picking the wrong subcategory can lead to rejection. For example, applying for EB-1A instead of EB-1B when your qualifications don’t align often causes issues. Match your background to the right subcategory carefully or consult an attorney.
Weak Evidence Submission
USCIS demands strong proof of your qualifications. Vague or insufficient evidence weakens your case. Include robust documentation like expert letters or high-impact publications that meet EB-1 criteria.
Poor Quality Recommendation Letters
Weak letters can harm your application. USCIS values endorsements from credible, independent sources. Avoid biased letters and seek detailed ones from recognized experts highlighting your impact.
Filing Errors and Inconsistencies
Small mistakes in forms or inconsistencies in evidence can cause delays or denials. Work with an attorney to ensure accuracy and compliance with USCIS standards.
What If Your EB-1 Is Denied?
Facing a denial on your EB-1 Green Card application can feel overwhelming, but you have several options to move forward. Understanding the difference between rejection and denial, along with the steps you can take, will help you decide on the best course of action. Below, we break down each option to guide you through this challenging situation.
Rejection vs. Denial
- Rejection: This happens before USCIS fully processes your petition. It occurs if your application fails the initial review due to issues like missing forms, incorrect information, or improper fees. For example, if you forget to include a required document like a passport copy with your Form I-140, USCIS will reject the petition. In this case, you can fix the error and refile, but you’ll need to pay the filing fees again.
- Denial: A denial happens after USCIS reviews your petition and determines you don’t meet the EB-1 criteria. This occurs if the evaluating officer finds your evidence insufficient or your qualifications don’t align with the subcategory requirements. For instance, if your EB-1A evidence lacks proof of sustained acclaim, USCIS may deny your case. Refiling isn’t always the best option here – you may need to explore legal motions or appeals instead.
Legal Motions
Appealing the Decision
Frequently Asked Questions
Who qualifies for an EB-1A green card?
Applicants must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. No job offer or employer sponsorship is required.
What are the main requirements for EB-1B?
You must be internationally recognized as outstanding in your academic field, have at least three years of experience, and be entering the U.S. for a tenured or research position at a university or institution.
What qualifies as a multinational executive or manager for EB-1C?
You must have worked for a qualifying foreign entity for at least one year in the past three years in an executive or managerial capacity and be entering the U.S. to work in a similar role for a related U.S. company.
Is a job offer required for all EB-1 categories?
Only the EB-1A does not require a job offer or employer sponsorship. Both EB-1B and EB-1C require a permanent job offer from a qualifying U.S. employer.
What kind of evidence do I need for an EB-1A petition?
You must meet at least 3 out of 10 criteria, including awards, publications, original contributions, judging others’ work, high salary, or recognition in your field.
Can I apply for an EB-1 green card from outside the U.S.?
Yes. You can apply through consular processing at a U.S. embassy or consulate in your home country if you’re not currently in the U.S.
Can I apply for EB-1A while on an O-1 visa?
Absolutely. Many individuals transition from O-1 to EB-1A because the qualifying criteria are similar, but EB-1A provides a path to permanent residency.
How do I know if I meet the “extraordinary ability” standard?
If you’ve made significant contributions to your field, received recognition, and meet at least 3 of the 10 USCIS criteria, you may qualify. A qualified immigration attorney can help assess your eligibility.
Can I file EB-1A and EB-2 NIW at the same time?
This is called parallel filing. Submitting both petitions increases your chances of approval and gives you more flexibility depending on adjudication speed and visa bulletin availability.
- What Is the EB-1 Green Card?
- Why the EB-1 Green Card Is Unique?
- EB-1A vs. EB-1B vs. EB-1C
- Processing Times
- Common Challenges
- What If Your EB-1 Is Denied?
- FAQs
Overview
Application Process
More Information