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

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.

Read Also: How to Apply for Ireland Long Stay D Visa – Full Guide

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

Frequently Asked Questions: