EB-1 covers individuals with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B) and multinational managers and executives (EB-1C). EB-1 is an employment-based green card pathway, not a temporary work visa.
Who This Is For
- People at the top of their field
- Researchers with international recognition
- Executives transferred from a foreign affiliate
What to Know
- EB-1A applicants can self-petition with a major international award or at least three of ten criteria.
- EB-1B requires a permanent research job offer and three years of research or teaching experience.
- EB-1 often moves faster than other employment categories.
Forms Usually Involved
| Form | Purpose |
|---|---|
| I-140 | Immigrant Petition |
| I-907 | Premium Processing |
How an EB-1 Green Card Case Proceeds
- Choose the sub-category. EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers), or EB-1C (multinational managers and executives), as described above.
- Meet the stated criteria. EB-1A: a major international award or at least three of ten criteria, with self-petition possible. EB-1B: a permanent research job offer and three years of research or teaching experience.
- Petition. Form I-140, Immigrant Petition. Premium processing may be requested on Form I-907.
- Green card step. After the immigrant petition, permanent residence is completed through Adjustment of Status (Form I-485) for applicants inside the United States whose priority date is current, or through consular processing abroad, as described on the Green Cards and Adjustment of Status pages.
Gap, clearly marked: No specific EB-1 petition decision timeframe or overall green card timeframe is stated on this site, so none is given here. Green card wait times depend on category and country of birth, as shown in the monthly Visa Bulletin.
How This Compares
| Pathway | Sponsorship | Cap / Lottery | Duration | Green-Card Path |
|---|---|---|---|---|
| EB-1 | EB-1A: self-petition possible; EB-1B: permanent research job offer required; EB-1C: multinational executive/manager | No cap registration or lottery as described for H-1B | Green card (permanent residence) | This is the green card pathway itself; EB-1 often moves faster than other employment categories, as stated above |
| H-1B | U.S. employer | Annual cap: 65,000, plus 20,000 for U.S. master's or higher degrees | Temporary work status, up to three-year periods, generally up to six years | Can lead to a green card case; extensions are possible during a pending green card |
| O-1 | U.S. employer or agent | No annual cap or lottery | Temporary work status, initial approval up to three years, with one-year extensions | Work visa; a green card is a separate case, for example EB-1A |
| EB-2 NIW | Self-petition; no employer sponsor required | No cap registration or lottery as described for H-1B; wait times depend on category and country of birth, as shown in the monthly Visa Bulletin | Green card (permanent residence) | This is the green card pathway itself, via a National Interest Waiver |
Comparison is general information only, based on the descriptions on this site. It is not a recommendation for any individual case.
Backup Pathway
If EB-1 is not the right fit on the current record, a separate pathway may be considered on its own criteria, for example EB-2 NIW for work in the national interest, or a work visa such as O-1 or H-1B followed by a green card case. No pathway or outcome is promised here; the fit is confirmed for the individual case.
What If…? Frequently Asked Questions
- What if I do not have a major international award? EB-1A applicants can self-petition with a major international award or at least three of ten criteria, as stated above.
- What if I am a researcher, not a founder? Researchers with international recognition are listed in Who This Is For, and EB-1B covers outstanding professors and researchers.
- What if I am an executive transferred from a foreign affiliate? Executives transferred from a foreign affiliate are listed in Who This Is For, and EB-1C covers multinational managers and executives.
- What if I need a job offer? EB-1A can be self-petitioned. EB-1B requires a permanent research job offer, as stated above.
- What if my priority date is not current? Green card wait times depend on category and country of birth, as shown in the monthly Visa Bulletin. Adjustment of Status is for applicants inside the United States whose priority date is current.
- What if I am abroad? Applicants abroad complete consular processing instead of adjustment of status, as stated on the Green Cards page.
- What if EB-1 does not fit yet? See the backup pathway box above: EB-2 NIW, O-1, or H-1B may be considered, each on its own criteria.
General information, not legal advice. Requirements and processing change; we confirm current rules for your case.
Your Attorney
Paul M. Heller, Esq. — Principal Attorney & Founder, Heller Immigration Law Group, with 30+ years practicing U.S. immigration law in the San Francisco Bay Area and Silicon Valley, and throughout the United States. Immigration is a federal practice. Designated School Officials at Stanford & UC Berkeley have turned to Paul Heller for advice, as stated on the firm homepage.
Service Area and Consultations
Service-area firm based in Menlo Park, CA — consultations by phone/video, cases handled throughout the U.S. because immigration is federal.
Cities served include San Francisco, San Jose, Santa Clara, Milpitas, Fremont, and Cupertino.
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General information, not legal advice. Requirements and processing change; we confirm current rules for your case.