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The EB-1 green card is one of the fastest ways to obtain U.S. permanent residency relative to all employment-based options. As a first-preference employment-based green card category, it carries the most stringent requirements, but for those who qualify, the benefits are excellent. Read along to learn how an EB-1 Visa Lawyer can support you throughout the green card process, and find useful information about the visa.
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The EB-1 green card is a first preference employment-based visa reserved for priority workers, granting them first preference in acquiring a green card. Priority workers include individuals such as :
Our expert EB-1 visa attorneys at VisaNation can guide you through the process of securing a coveted EB-1 Visa. From assessing eligibility to preparing documentation and filing, we ensure a smooth and successful green card application.
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Eligibility for the EB-1 green card depends on which sub-category of EB-1 green card you apply for:
You must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria (or comparable evidence if any of the criteria do not readily apply):
Professors must:
You must also include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must:
Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.
No labor certification is required.
USCIS offered clarifying guidance on:
USCIS announced:
Because the visa category is first-preference, the green card processing time is significantly lower relative to other employment-based categories.
A significant advantage of the EB-1 visa category is that it eliminates the lengthy U.S. Department of Labor’s Permanent Resident Labor Certification (PERM) process, saving time and money for both the petitioner and applicant.
Additionally, when the Labor Certification is required, the applicant risks rejection.
For the EB1A category, a permanent job offer is not required. This means that the applicant can petition on their behalf. However, the OPR and MEM categories do require a permanent job offer. The U.S. employer is the only one who can file the petition for the applicant.
The process begins with filing Form I-140, Immigrant Petition for Alien Worker. This petition must be submitted along with comprehensive evidence proving your qualifications under one of the EB-1 categories.
Once your petition is approved, you will either undergo consular processing if you live outside the United States, or adjustment of status if you are already in the U.S. on a valid nonimmigrant status.
Biometrics (fingerprinting and photographing), medical appointments, and an interview with a consular officer or USCIS agent are standard for most immigrant visa applications, like the EB-1.
If everything is in order, your EB-1 visa will be approved. With that approval, you are authorized to live and work in the U.S. as a lawful permanent resident.
Here is some additional information for each EB-1 Visa subcategory:
Individuals may petition for themselves by filing Form I-140, Petition for Alien Worker. The EA category does not require a PERM Labor Certification or a job offer from a U.S. employer which is why it's one of the fastest methods out there.
Must be filed by an employer Form I-140, Petition for Alien Worker. While the OPR category does not require a PERM Labor Certification it does require a permanent job offer from a U.S. employer, unlike the self-petitioned EB-1A cases.
Must be filed by an employer Form I-140, Petition for Alien Worker. It's important to note that the manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.
Fortunately, unlike the other employment-based green cards, the EB-1 visa does not require PERM processing, reducing the overall timeline.
According to data provided by USCIS for FY 2025, Form I-140 processing time takes approximately 7.6 months. Notably, premium processing reduces this timeframe to 15 days upon receipt of the I-907.
For all countries excluding China and India, EB-1 applicants do not need to wait for a visa to become available, eliminating wait time.
For applicants applying from abroad, after the USCIS approves your I-140, they transfer the case to the National Visa Center (NVC) for consular processing. The transfer takes approximately two weeks.
The total time for consular processing is dependent on visa appointment availability, which varies for each country and embassy/consulate because of demand and overall workload.
If the USCIS issues an RFE (request for evidence) or a NOID, this can cause substantial delays in processing time.
Schedule a consultation with VisaNation to discuss your business strategy for hiring international talent.
Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You must check the Department of State’s monthly visa bulletin for the latest posted final action dates, which are separated according to the beneficiary’s country of origin. Once the final action date for your country matches or passes your EB-1 priority date, your priority date will be considered current, and you can move on to the last phase.
An advantage of obtaining an EB-1 Green Card is that the category is usually always current. This means that the applicant does not have to wait an extended period before the application is reviewed and can receive a Department of State (DOS) immigrant visa number. This puts the applicant on a faster track to file an adjustment of status and initiate the green card process.
Our VisaNation immigration lawyers have extensive experience securing EB-1 visas for foreign workers employed by U.S.-based companies. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer, Shilpa Malik, said about our EB-1 services:
“With the EB-1 visa, individuals with extraordinary abilities in their fields can live and work in the United States on a permanent basis. This visa is an excellent opportunity for companies that want to hire international workers. As your attorney, I will guide you through the application process and work tirelessly to ensure your success. Let us take care of business immigration while you focus on building your business.”
Our recent EB-1 success story involved a business seeking to bring a foreign worker on an EB-1A green card. Several attorneys had turned down the case due to the complexity of the worker’s background, but VisaNation successfully detailed evidence proving the individual had fulfilled more than three of the EB-1A requirements. The USCIS requested extensive evidence, and our lawyers spent hours addressing each issue and submitted the response through premium processing to expedite the hiring process. The case was approved, proving that VisaNation rises to meet challenges and provides dedicated professional help even in difficult immigration situations.
Here is a breakdown of the basic mandatory fees you will encounter while pursuing an EB-1 green card:
Applying from outside the U.S.
I-140 petition: $715
DS-260 application fee: $345
Immigrant Fee (payment for green card processing): $220
I-485 Filing Fee: $1,440
Premium Processing Fee (optional): $2,805
Optional EAD (Employment Authorization Document): $260
Optional Advance Parole Document (travel): $630
You should also factor other costs into your EB-1 process, such as traveling costs and attorney fees. You can see our flat rate for employment-based green cards on our fees page.
Just like with any green card or visa, there are some things that you should look out for:
After all of the time, money, and work put into an EB-1, getting a rejection or denial can be devastating. If you are looking to avoid this scenario or you have already received a rejection or denial notice, then the following information is for you.
Firstly, we need to distinguish between the terms “rejection” and “denial”. In everyday speech, these terms are synonymous. However, in the language of immigration law, they have different meanings.
Each EB-1 petition is adjudicated using a two-pronged approach. In the first phase, an evaluating officer will check to see if:
If your petition does not pass this stage, then it will likely be rejected. Fixing the error or omission and refiling is often the best thing to do in these cases. However, you will be responsible for new fees.
Learn about EB-1A denial reasons and you can also learn about EB-1C denial reasons.
If your petition passes the first stage, then the evaluating officer will review the evidence and assess whether or not you and your employer (if applicable) merit an EB-1 green card. If not, then you may expect to see a denial notice. In these cases, refiling often isn’t the best option. Instead, you may want to talk to your attorney about filing a legal motion or going through the appeals process.
Filing a legal motion is essentially like appealing to the evaluating officer that processed your petition. There are two kinds of motions that can be filed:
Lastly, you can also bring your case to a third party to appeal the decision. In immigration law, that third party will be the Administrative Appeals Office, which has a track record of upholding the decisions of the evaluating officers.
If an evaluating officer is reviewing your case and notices that some extra documentation would bolster your candidacy for an EB-1, he or she may issue a Request for Evidence (RFE). These can range from simple requests for missing documents, such as birth certificates or passports, to requests for more complicated things, such as proof that you work in a managerial capacity for an EB-1C or proof of your achievements for an EB-1A.
If you do get an RFE, the first thing you should do is take it to your attorney so that you can file a satisfactory and timely response. There are three kinds of ways to respond to an RFE for your EB-1 green card:
Our EB-1 lawyers are experienced with all types of scenarios, even the ones that require RFEs. Schedule a consultation and ensure your EB-1 visa worker’s application is in safe hands.
EB-1 visa is not your only choice of employment immigration to the U.S. There are several other options that are greater alternatives to EB-1:
VisaNation lawyers are knowledgeable in determining which category you best qualify for based on your previous accomplishments and experience. If you are still unsure about whether you would like to obtain an EB-1 VISA, VisaNation lawyers are capable of assisting you with your decision. Schedule a consultation today to start your employment immigration journey!
