U.S. EB-1 Visa Explained – Immigration Path for Individuals

By Shanza Thomas

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U.S. EB-1 Visa Explained

The EB-1 visa is a first-preference employment-based immigrant visa for foreign nationals who possess extraordinary ability, are outstanding professors or researchers, or serve as multinational executives or managers.

Unlike many other employment-based visas, the EB-1 does not require a PERM labor certification, making it one of the fastest routes to U.S. permanent residency (green card).

EB-1 Visa:

The EB-1 is an immigrant visa (green card category), not a temporary visa. It directly leads to permanent residency. It includes three subcategories:

  • EB-1A: Individuals with Extraordinary Ability
  • EB-1B: Outstanding Professors and Researchers
  • EB-1C: Multinational Managers and Executives

Is the EB-1 the Same as a Green Card?

Not exactly. The EB-1 is a visa classification that qualifies individuals for a U.S. green card. Once your EB-1 petition is approved and your adjustment of status or consular processing is complete, you will receive lawful permanent resident (green card) status.

EB-1 Eligibility Criteria:

EB-1A – Extraordinary Ability

Applicants must demonstrate sustained national or international acclaim in the sciences, arts, education, business, or athletics. No job offer is required. They must meet at least 3 out of 10 USCIS criteria, such as:

  • Awards of excellence
  • Membership in associations requiring outstanding achievements
  • Published material about them

Recent USCIS Update:

  • Team awards may now count toward the “lesser nationally or internationally recognized prizes” category.
  • Past memberships in prestigious associations are now valid evidence.

EB-1B – Outstanding Professors or Researchers

Requires:

  • A permanent job offer for a tenured or tenure-track teaching or research position.
  • International recognition in an academic field.
  • At least three years of experience in teaching or research.

EB-1C – Multinational Managers or Executives

Requires:

  • Employment outside the U.S. for at least one year in the past three years in a managerial or executive capacity.
  • The U.S. employer must be a subsidiary, affiliate, or parent of the foreign entity.

EB-1 Visa Costs:

If applying from within the U.S. (Adjustment of Status):

  • Form I-140 filing fee: $715
  • Form I-485 (Adjustment of Status): $1,440
  • Immigrant fee (USCIS): $235

If applying from outside the U.S. (Consular Processing):

  • Form I-140: $715
  • DS-260 Visa Application: $345
  • Form I-864 (Affidavit of Support, if applicable): $120

Note: EB-1A applicants may self-petition, meaning no employer sponsorship is required. For EB-1B and EB-1C, employers generally file on behalf of the beneficiary.

EB-1 Processing Time:

  • Form I-140 (Standard): 6 to 9 months
  • Premium Processing: 15 calendar days (optional for additional $2,805)
  • Form I-485 (if applying from the U.S.): 6–10 months
  • Consular Processing (from abroad): Varies by embassy location (generally 3–8 months)

EB-1 visas are often current in the Visa Bulletin, meaning minimal waiting for priority dates.

How to Apply for U.S. EB-1 Visa Explained?

  • Prepare documentation based on the subcategory (EB-1A, B, or C)
  • File Form I-140 (Immigrant Petition for Alien Worker)
  • Adjustment of Status (Form I-485) if in the U.S. OR DS-260 Consular Processing if abroad
  • Attend biometrics appointment (fingerprints, photo, signature)
  • Complete immigration medical exam
  • Attend visa interview (if consular processing)
  • Receive green card upon approval

Benefits:

  • Direct path to a U.S. Green Card
    • Grants lawful permanent residency without needing a temporary visa first.
  • No labor certification (PERM) required
    • Saves 6–12 months of processing time compared to EB-2 and EB-3 visas.
  • Self-petition option for EB-1A applicants
    • Individuals with extraordinary ability can apply without a job offer or employer sponsorship.
  • Premium processing available for Form I-140
    • Optional 15-day processing for an additional fee, expediting the decision significantly.
  • Typically “current” in the Visa Bulletin
    • No long priority date backlogs; green cards are usually available immediately.
  • Eligible for adjustment of status in the U.S.
    • If already in the U.S. on another valid visa (e.g., F-1, H-1B), you can adjust status without leaving the country.
  • Green cards for family members
    • Spouse and unmarried children under 21 can apply as dependents (E-14 or E-15 categories).
  • No minimum investment or job creation required
    • Unlike the EB-5 investor visa, EB-1 applicants do not need to invest capital or hire U.S. workers.
  • Work and live anywhere in the U.S.
    • Not tied to a single job, employer, or location after green card approval.
  • Recognition of professional excellence
    • Enhances career opportunities, salary potential, and global credibility in your field.
  • Faster path to U.S. citizenship
    • Eligible to apply for naturalization after 5 years of permanent residency.
  • No annual cap for self-petitioning applicants from countries not facing retrogression
    • More predictable processing and less competition compared to some other visa categories.
  • Applies to diverse fields
    • Available to scientists, researchers, athletes, artists, entrepreneurs, executives, and academics.

EB-1 Validity and Green Card Transition:

Once granted, the EB-1 visa leads directly to permanent residency, with no fixed expiration. As a green card holder, you can live and work in the U.S. indefinitely, provided you maintain your status.

Other Employment-Based Visa Categories:

  • EB-2: Advanced degree or exceptional ability
  • EB-3: Skilled workers, professionals, other workers
  • EB-4: Special immigrants (religious workers, etc.)
  • EB-5: Immigrant investors
  • E-2: Temporary treaty investor visa
  1. Does the EB-1 visa lead to a green card?

    Yes. Once your EB-1 petition is approved and you complete either adjustment of status or consular processing, you receive a U.S. green card (permanent resident status).

  2. Can I self-petition for an EB-1 visa?

    Yes, EB-1A applicants can self-petition without needing an employer or job offer. EB-1B and EB-1C require employer sponsorship.

  3. What is the EB-1 visa?

    The EB-1 visa is a U.S. employment-based immigrant visa for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. It is a first-preference green card category that allows recipients to become permanent residents of the U.S.

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