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 our EB-1 visa lawyers can support you throughout the green card process, and find useful information about the visa.
Speak with an Experienced EB-1 Attorney
From assessing eligibility to preparing documentation and filing, VisasNation attorneys ensure a smooth and successful green card application.
What is an EB-1 Green Card?
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 :
- EB-1A – Those with extraordinary ability in the field of science, art, education, business, or athletics.
- EB-1B – Outstanding professors and researchers
- EB-1C – Multinational executives and managers
What Are the EB-1 Visa Requirements?
Eligibility for the EB-1 green card depends on which sub-category of EB-1 green card you apply for:
- EB-1A Extraordinary Ability
- EB-1B Researchers & Professors
- EB-1C Managers/Executives
For the EB-1A Extraordinary Ability category, 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):
- Evidence of your commercial successes in the performing arts
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations in the field that demand outstanding achievement of their members
- Published material about you in professional or major trade publications or other major media
- You have been asked to judge the work of others, either individually or on a panel
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Your work has been displayed at artistic exhibitions or showcases
- Performance in a leading or critical role in distinguished organizations
- High salary or other significantly high remuneration in relation to others in the field
For the EB-1B Researchers & Professors category, you must include evidence of:
- At least three years of experience in teaching or research.
- Have an employment offer from a U.S. employer for a tenured or tenure-track position, or a comparable position at a university or institution of higher education.
- Show international recognition for outstanding achievements in a particular academic field.
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):
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
For the EB-1C Multinational Managers/Executives category, 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:
- have been doing business for at least 1 year
- have a qualifying relationship to the entity you worked for outside the U.S.
- and intend to employ you in a managerial or executive capacity.
How To Apply for the EB-1 Green Card
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Step 1
Determine Eligibility
The EB-1 application process begins with determining your eligibility. Because the EB-1 petition must be submitted with comprehensive evidence proving your qualifications under one of the EB-1 categories, it’s important to familiarize yourself with the stringent requirements, verify you meet them, and gather evidence to present to USCIS.
VisaNation attorneys highly recommend sharing your profile with an experienced attorney who can provide you with guidance on your chances of success.
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Step 2
I-140 Petition Submission
After determining eligibility, you can apply for the EB-1 by 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.
Simply submitting the evidence is not enough. Despite meeting the minimum requirements, such as judging a competition or writing a peer-reviewed article, our attorneys emphasize that for every piece of evidence submitted, USCIS thoroughly reviews that evidence to decide whether your achievement indicates you are a top-tier expert in your field.
Furthermore, as part of the decision-making, USCIS officers make a “final merits determination” in which they examine the totality of the evidence. Winning EB-1 cases relies on expertly crafting a narrative. We don’t just simply show the prize or achievement; we weave a story around what makes that achievement so special. As attorneys, we aim to answer the question of “so what?” before USCIS officers have the chance to ask it.
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Step 3
I-140 Petition Approval, Visa Bulletin, and Next Steps
- 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.
- For some countries, you must wait until a visa is available before this step. You can check this by visiting the visa bulletin and checking the final action date against your priority date. If the date is current, you can proceed to the next step; otherwise, you must wait.
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Step 4
Biometrics, Medical Appointment, & Interview
Biometrics (fingerprinting and photographing), a medical appointment, and an interview with a consular officer or USCIS agent are standard for the EB-1.
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Step 5
Visa Approval and Issuance
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. After 5 years, you may be eligible to apply for naturalization to become a U.S. citizen.
How Much Does the EB-1 Cost?
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
- Premium Processing Fee (optional): $2,965
Applying from inside the U.S.
I-140 petition: $715
I-485 Filing Fee: $1,440
Premium Processing Fee (optional): $2,965
Optional EAD (Employment Authorization Document): $260
- Optional Advance Parole Document (travel): $630
VisaNation Attorney Fees
Attorney fees for employment-based green cards vary depending on the complexity of the case. For a personalized EB-1 green card quote, contact VisaNation.
EB-1 Processing Time
According to data provided by USCIS for FY 2025, Form I-140 processing time takes approximately 8 months. However, this period can be longer due to USCIS centers experiencing backlogs. Notably, premium processing reduces this timeframe to 15 business days for the EB-1, or 45 business days for the multinational executive and manager category, upon receipt of the I-907.
💡VisaNation Immigration Tips
- Unlike the other employment-based green cards, the EB-1 visa does not require PERM processing, reducing the overall timeline significantly.
- 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 those adjusting status in the U.S with current priority dates, you can file the I-140 and I-485 concurrently, speeding up the green card process.
Shilpa Malik
VisaNation Immigration Attorney
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.
Priority Dates
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 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 current for most countries. 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.
What Are the Benefits of the EB-1 Green Card?
- Faster processing time and visa availability: Since the visa category is first preference, the green card processing time is significantly faster compared to other employment-based categories. VisaNation attorneys cite that the higher requirements of the EB-1 result in lower demand and more visas available for applicants. In result, the EB-1 is “current” for many countries, meaning a green card is immediately available after I-140 approval.
- No Labor Certification: 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. With the PERM approval taking up to two years or more from start to finish, bypassing this process makes the EB-1 A an excellent option for eligible candidates. Furthermore, when a Labor Certification is required, the applicant risks rejection.
- Self-Petitioning (EB1A): For the EB-1A category, a job offer from an employer is not required. This means that the applicant can petition on their behalf. However, for the professors/researchers and Multinational Managers/Executives categories, they require a permanent job offer. The U.S. employer is the only one who can file the petition for the applicant.
Common EB-1 Mistakes to Avoid
Just like with any green card or visa, there are some things that you should look out for:
- Wrong Category – There are three categories to choose from. Although EB-1C is distinct, some applicants mistakenly apply for either EB-1A when they qualify for EB-1B, and vice versa. Play to your strengths and apply for the suitable category.
- Weak Letter of Recommendation – Strong letters of recommendation can significantly increase the chances of approval. Focus on getting this letter from reputable individuals who can truly showcase you as an extraordinary person.
- Submitting the Petition by Yourself – There is nothing wrong with submitting an EB-1 application by yourself if you are very familiar with U.S. immigration law. The reality, however, is that EB-1 green cards are one of the most complicated applications that even an attorney will deal with. Make sure you receive proper representation from an experienced attorney if you want your application to succeed.
How VisaNation Can Help
The EB-1 Green Card is the reserved for those who have reached the very top of their field and meeting the basic criteria is often not enough. USCIS officers apply a subjective “Final Merits Determination,” meaning they can deny a case even if you meet the technical requirements if they aren’t convinced your achievements are “extraordinary” enough. The key to a successful EB-1 petition is making a persuasive case that effectively impresses an immigration officer who is not an expert in your field.
At VisaNation, our lawyers are knowledgeable in determining which category you best qualify for based on your previous accomplishments and experience, and translating complex professional achievements into undeniable legal arguments. Whether you are a scientist, a business executive, or an artist, we know how to structure your petition to satisfy the USCIS adjudicators. Our 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 Client’s Success Story
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.
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