Ever wondered how top scientists, artists, or business leaders land a US green card faster than most? That’s the power of the EB-1 visa. It’s the US employment-based immigration visa for individuals with exceptional qualifications in the arts, sciences, education, business, or athletics.
The EB-1 visa has different sub-categories, each with its own eligibility requirements and benefits, which can easily confuse new applicants. At Remitly, we’ve created this guide to clearly explain the EB-1 visa categories, who’s eligible, how to apply, and how it compares to other employment-based visas.
EB-1 visa categories
The EB-1 visa has three sub-categories, each catering to specific types of professionals:
EB-1A: Individuals with extraordinary ability
The EB-1A is an immigrant visa for foreign individuals with national or global recognition in their respective fields. If you’ve won major awards or have made a significant impact in your industry, the EB-1A could be your path to a US green card.
EB-1B: Outstanding professors and researchers
The EB-1B visa is for professors and researchers who have made significant contributions in their field and have a job offer from a US university or research institution. It’s designed for top academics looking to continue their impactful research or teaching in the US.
EB-1C: Multinational executives and managers
The EB-1C visa is ideal for executives and multinational managers with international work experience. It allows a foreign company to transfer these professionals to a US branch or affiliate. While it doesn’t require labor certification, it typically has longer processing times than other subcategories.
Eligibility criteria for the EB-1 visa
To qualify for the EB-1 visa, you’ll need to meet specific eligibility requirements based on the following categories:
EB-1A visa requirements
For the EB-1A visa, you’ll need to show extraordinary expertise in your field. While winning major awards like an Oscar or Nobel Prize would certainly be helpful, you can qualify if you meet at least three of the following criteria:
- You’ve received national or international awards for excellence in your field
- You’re a member of associations that only admit top achievers in your field
- Articles or media coverage about your work have been published
- You’ve judged the work of others in your field
- You’ve made significant contributions in science, art, athletics, or business
- You’ve written scholarly articles published in major journals or media
- Your work has been displayed at artistic exhibitions or showcases
- You’ve held leading or critical roles at reputable organizations
- You earn a high salary or a significantly higher salary than most professionals in your field
- You’ve had commercial success in performing arts, such as significant sales or box office performance
Presenting documents like job offers, contracts, or similar evidence to show that you plan to continue working in your field once in the US is a requirement.
EB-1B visa criteria
There are three main requirements to qualify for the EB-1B visa:
You’re recognized internationally as outstanding in your academic field
If you’re considered exceptional in your field, you can qualify for the EB-1B visa by providing evidence of at least two of the following:
- You’ve received significant awards or prizes in your field
- You’re a member of associations that only accept top achievers
- Published material in professional publications written by others about your work
- You’ve served as a judge for academic work in your field
- You’ve made significant contributions to your field, such as scientific or scholarly research
- You’ve written books or articles for academic journals
You have at least three years of experience teaching or conducting research
You’ll need proof showing at least three years of experience in your field, either as a teacher or a researcher. You must complete these three years before filing your petition for the EB-1B visa.
You have a teaching or research job offer in the US
The EB-1B visa requires a teaching or research job offer from a US institution or employer. The job offer can come from:
- A private employer offering a research position. The department must have a minimum of three full-time researchers
- A university or higher education institution for a research role or teaching role
Once you meet these requirements, you can apply for the EB-1B visa.
EB-1C visa requirements
There are five main requirements to qualify for the EB-1C visa:
1. The US company and the foreign organization are connected
The two companies need to have a qualifying business partnership or relationship, such as being part of the same parent company, affiliates, or branch offices.
2. You have worked at the foreign company for at least one year in the past three years
You need to acquire one year of working experience at the foreign company before applying for the visa.
3. You worked as a manager or executive at the foreign company
This visa is intended for professionals in leadership roles, such as those in banks or other major companies. Your job duties must meet specific definitions for “manager” or “executive.”
4. You have a full-time job offer in the US as a manager or executive
You have a managerial or executive position lined up in the US company that’s similar in responsibility to your previous role abroad.
5. The US company has been running for at least one year
The US business has been actively operating for a year or more. Companies or businesses recently set up or just sitting idle do not qualify.
Self-petition vs. employer sponsorship
Only EB-1A applicants can self-petition, meaning they do not need a US employer to sponsor their application. This provides flexibility for freelancers, entrepreneurs, and individuals without a specific job offer. In contrast, both EB-1B and EB-1C require sponsorship from a qualifying US employer and a formal job offer.
Application process for the EB-1 visa
The EB-1 visa application process involves several steps, from gathering documentation to filing Form I-140, and transitioning to permanent residency.
Necessary documentation and evidence
Personal identification
Provide official documents that confirm your identity and nationality, such as:
- Valid passport
- Birth certificate
- Marriage certificate (if applicable)
Proof of extraordinary achievement
Submit evidence showing your exceptional ability or accomplishments, including:
- Major awards (e.g., Nobel Prize or industry honors)
- Patents, scholarly publications, or media coverage
- Notable contributions recognized in your field
Employment history
Show your professional background through:
- Letters from current and former employers outlining your roles, duties, and duration of employment
- Job titles and responsibilities
- Salary history (not required but may help)
Endorsements
Include letters of recommendation from respected figures in your field, such as:
- Industry leaders
- Senior executives
- Peers who can verify your impact and expertise
Additional supporting documents
- Tax documents from the employer (for EB-1B and EB-1C) to demonstrate their ability to pay your wage.
Your next step is to file the Form I-140.
Filing Form I-140
Form I-140, the immigrant petition for alien workers, is crucial for obtaining the EB-1 visa. The process differs slightly depending on your EB-1 category. Let’s break it down:
Step 1: Know who’s filing
- EB-1A: You can file the petition yourself.
- EB-1B and EB-1C: Your US employer needs to sponsor your petition and submit Form I-140 on your behalf.
Step 2: Complete the form
Complete all parts of the Form I-140 clearly and accurately. Here are a few tips:
Part 1: Information about the person or organization filing the petition
This information includes:
- Family name (if an individual) or company/organization name
- Mailing address
- IRS employer ID number (for sponsoring organizations). Self-petitioners for EB-1A don’t need to provide this or a Social Security number.
Part 2: Petition type
- Make sure you select the EB-1 category: EB-1A, EB-1B, or EB-1C.
Part 3: Information about the person for whom you’re filing
- Include the full names, work experience, education, accomplishments, and date of birth of the beneficiary.
Part 8: Sign and certify
- The petitioner or the authorized signatory has to sign the form. If you’re self-petitioning, this will be you.
Step 3: Gather necessary documents
Attach strong evidence to support your eligibility:
- Employment offer or contract (for EB-1B/EB-1C)
- Employer’s organized financial records and documents (like tax returns or audited financial statements) showing that the employer can pay your wages
Step 4: Pay the filing fee
To submit Form I-140, you’ll need to pay a base filing fee, and the Premium Processing fees if applicable.
Step 5: Submit the petition
Send your completed Form I-140 and all supporting documents to the correct United States Citizenship and Immigration Services (USCIS) service center.
USCIS processing time
There are two main USCIS service centers processing EB-1 petitions: the Nebraska Service Center and the Texas Service Center. The processing time for your EB-1 I-140 petition can vary depending on various factors:
- The specific category you’re applying under
- Which service center is handling your case
- Your country of origin. Some countries have a greater volume of applications, which can lead to backlogs.
- The current workload of the service center
- The complexity of your petition
EB-1A and EB-1B could take an average of 6-12 months. For EB-1C, it could be double that, due to the extra documentation and employer involvement. Premium processing is possible; it costs extra but guarantees a faster decision of 15 days for EB-1A and EB-1B (this option isn’t available for EB-1C).
Transitioning to a green card
After Form I-140 approval, applicants can begin the process of obtaining permanent residency. There are two main paths:
1. Adjustment of status (Form I-485): For those already in the US, file Form I-485 to adjust to permanent resident status. When filing Form I-485, include the following:
- Copy of your passport, birth certificate, and I-94 record
- Two passport-sized photos
- A copy of the approved I-140
- Marriage certificate (if applicable)
- Birth certificates of children (if applicable)
- The filing fee
File the Form I-485 with the USCIS service center for your intended place of residence.
2. Consular processing: For those outside the US, complete the process through a US consulate or embassy. After your EB-1 I-140 is approved, you’ll need to:
- Submit Form DS-260 online
- Attend an in-person visa interview at the US embassy or consulate in your country
If approved, you’ll receive an immigrant visa to enter the US as a lawful permanent resident. The timing for this step depends on visa availability, which you can monitor via the USCIS visa bulletin.
EB-1 visa vs. H-1B visa
Some immigrants to the US confuse the EB-1 visa with the H-1B, but these two serve very different purposes. Let’s break down their differences:
EB-1 visa
- Designed for individuals with exceptional qualifications seeking permanent residency
- Doesn’t always require employer sponsorship
- Offers a direct path to a US immigration green card
- No annual cap or lottery
- Generally faster processing times
H-1B visa
- For professionals with at least a bachelor’s degree
- Allows for temporary employment in the United States
- Requires employer sponsorship
- Subject to annual caps and lottery selection
- Transitioning to permanent residency usually requires additional steps.
Understanding these distinctions can help you select a visa category that aligns best with your professional background and long-term immigration goals. If you’re in doubt about the type of visa to apply for or need help with your application, consider consulting an immigration specialist.
FAQs
Who qualifies for the EB-1 visa?
Individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers can apply for the EB-1 visa. Applicants prefer this visa type due to its faster processing and lack of labor certification requirements.
What’s the salary requirement for the EB-1?
There are no fixed salary requirements, but high earnings can help support your case for extraordinary ability under EB-1A. USCIS looks for sustained national and international acclaim, not just a high income.
What’s the processing time for the EB-1?
Processing times vary depending on the visa sub-category, country of origin, the assigned processing center and its current workload, and the complexity of your application. For EB-1A and EB-1B, the wait could be 6-12 months. For EB-1C, it could be 12-24 months.
What’s the difference between H-1B and EB-1?
H-1B is a temporary work visa that requires employer sponsorship and is subject to a lottery, while EB-1 is a permanent residency path for individuals with extraordinary ability, often without sponsorship or a lottery.
What’s the difference between EB-1, EB-2, and EB-3?
EB-1 is for top-tier talent, EB-2 visa is for professionals with advanced degrees or exceptional ability, and EB-3 is for skilled, professional, or unskilled workers. Generally, the higher the preference category (like EB-1), the faster the green card processing.