What is an EB-1 visa?

An EB-1 visa is an employment-based, first-preference visa for foreign nationals with extraordinary ability, outstanding professors and researchers, or multinational executives and managers. It's a fast-track option for obtaining a green card in the United States.

How do you get an EB-1 visa?

To get an EB-1 visa, you must first file Form I-140 with USCIS, providing evidence that you meet the criteria for your specific EB-1 category (EB-1A, EB-1B, or EB-1C). After approval, you can apply for adjustment of status if in the U.S. or consular processing if abroad.

What is the difference between EB-1, EB-2, and EB-3 visas?

EB-1 is for individuals with extraordinary ability, outstanding professors/researchers, or multinational executives. EB-2 is for professionals with advanced degrees or exceptional ability. EB-3 is for skilled workers, professionals, and other workers. EB-1 generally has faster processing times and no labor certification requirement.

How many EB-1 visas are issued per year?

The exact number can vary, but generally, about 40,000 EB-1 visas are available each fiscal year, plus any unused visas from the EB-4 and EB-5 categories.

How long does it take to get an EB-1 green card?

The EB-1 green card process typically takes 8 to 37 months. This includes I-140 processing (5.5 to 16 months, or 15 days with premium processing for EB-1A and EB-1B) and adjustment of status or consular processing. Actual times may vary based on individual circumstances and USCIS workload.

How do you qualify for an EB-1 visa?

To qualify for an EB-1 visa, you must meet the criteria for one of the three subcategories: EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers), or EB-1C (multinational executives or managers). Each category has specific requirements, such as evidence of sustained national or international acclaim for EB-1A.

Can you move from EB-2 to EB-1?

Yes, it's possible to move from EB-2 to EB-1 if you meet the EB-1 criteria. This process is called 'porting' and involves filing a new I-140 petition for the EB-1 category. If approved, you may benefit from a faster processing time and current priority date.

How many citations are needed for EB-1?

There's no specific number of citations required for EB-1, particularly for the EB-1A category. However, a significant number of citations can be strong evidence of your impact in your field. The quality and impact of the citations are often more important than the quantity.

What happens after EB-1 I-140 approval?

After EB-1 I-140 approval, if your priority date is current, you can file for adjustment of status (Form I-485) if you're in the U.S., or proceed with consular processing if you're abroad. If your priority date isn't current, you'll need to wait until it becomes current before proceeding.

What is the priority date for EB-1?

The priority date for EB-1 is typically the date when USCIS receives your I-140 petition. For EB-1, priority dates are often current, meaning you can usually file for adjustment of status or consular processing immediately after I-140 approval. Check the Visa Bulletin for the most up-to-date information.

How many awards are good for EB-1?

There's no specific number of awards required for EB-1. The quality and prestige of the awards are more important than the quantity. Even one major, internationally recognized award (like a Nobel Prize) can qualify you for EB-1A. For lesser awards, multiple awards showing sustained recognition in your field would strengthen your case.

United States EB-1A Visa

The EB-1A Immigration Program provides a fast-track pathway for individuals recognized for their extraordinary abilities in fields such as sciences, arts, education, business, or athletics to obtain permanent residency in the United States. This program not only facilitates the acquisition of a Green Card but also extends benefits to eligible dependents, offering the opportunity to live, work, and study in the country and eventually pursue citizenship. The process is designed for highly accomplished professionals who meet specific evidentiary criteria, ensuring that those who significantly contribute to their field can benefit from a streamlined immigration process.

United States EB-1A Visa Benefits

Residency and Family Inclusion

Obtaining a Green Card (Permanent Residence in USA) for the investor and family members.

Dependents included:

Spouse.
Children under 21.

Travel and Quality of Life

Right to live, work, and study in the U.S.

Ease of Access

No language requirement
No labor certification requirement, no job offer required
Pathway to U.S. citizenship after 5 years of residence in the USA

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Eligibility Criteria for the EB1 Visa

Have extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim for the individual’s achievements:
- Major internationally recognized award or a one-time achievement (i.e., Nobel, Oscar, Pulitzer, Olympic Medal), Or
- Meeting at least 3 of the 10 evidentiary criteria as benchmarks determining whether an individual qualifies as possessing extraordinary ability.
The entry into the United States will substantially benefit the United States in the future.
Continue working in the field of extraordinary ability upon coming to the United States.

EB-1 Visa Evidentiary Criteria

Proof of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Proof of the original scientific, scholarly, artistic, athletic, or business-related contributions in the field of expertise.
Published material about the excellence in either professional or trade publication or other major media.
Authorship in scholarly, professional, or trade media.
Commercial success in the performing arts.
Being asked to judge others individually or on a panel for their work.
Have had work displayed at artistic exhibitions and/or showcases.
Membership in a distinguished association or organization whose membership relies on having an extraordinary ability.
Performing a leading role in a distinguished organization.
Proof you command a high salary or significant payment in relation to others in your field.

United States EB-1 Process

Processing time : 8 Months

Due Diligence And Application

Submitting I-140 petition to USCIS.
Completing immigrant visa stage and attending visa interview at the U.S. Consulate or Embassy upon I-140 petition approval.

Approval And Investment

Filing adjustment of status application for those who are already in the U.S.
Premium processing service with additional cost is available (within 15 days).

Residency

The USCIS will grant residency to successful applicants once applicants receive the Green Card (unconditional permanent residence status) in the United States.

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Frequently Asked Questions

What does EB-1 stand for?

EB-1 stands for Employment-Based First Preference immigrant visa.

What is the benefit of the EB-1A program?

Successful applicants will obtain a lawful permanent resident status (green card) in the USA for themselves and their family (spouse and children under 21 years), with a pathway to U.S. citizenship.

Do I need a job offer to apply for EB-1A?

The job offer is only required for the last 2 categories (EB-1B and EB-1C) and is not required for EB-1A. Even though EB-1A applicants do not need to have an offer of employment, you need to show that you are attaining the employment-based visa in order to work in their field of expertise while in the U.S.

Can I apply for EB-1A myself?

With the EB1A visa, you do not need a US job offer or a Labor Certification. In other words, you can apply for an EB1A visa by self-petition (meaning that you can apply yourself without a company sponsoring you).

What are the requirements to qualify as an individual with extraordinary ability?

The applicant must demonstrate extraordinary ability in the sciences, arts, education, business or athletics, as evidenced by sustained national or international recognition and supported by full documentation of achievement in the field. (2) The applicant must intend to enter the United States to continue working in the field of his or her extraordinary abilities, and (3) His entry into the United States should substantially benefit the country.

What does "extraordinary ability" mean?

Extraordinary ability means a level of expertise indicating that the individual is considered as one of the very top of the field of endeavor.

Is there a language requirement to apply under the EB-1A?

No, there is no language requirement.

How can I prove my extraordinary ability?

To demonstrate status as a person with extraordinary ability, the applicant must provide either proof of a major internationally recognized award or a one-time achievement or meet 3 of the following 10 criteria.

These criteria must reflect sustained national or international recognition. Multiple forms of evidence are accepted:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence
Membership in associations in the field that require outstanding achievement from their members
Published material about the applicant in professional or major trade publications or other major media
Invitation 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
Work displayed at artistic exhibitions or showcases
Performance of a leading or critical role in distinguished organizations
Command of a high salary or other significantly high remuneration in relation to others in the field
Commercial success in the performing arts

What is a major internationally recognized award or achievement?

Examples of such prestigious awards include the Nobel Prize, Oscar, Pulitzer Prize, Grammy, Academy Award, or Olympic Medal. These awards are widely recognized, even by the public, as the highest honors in their respective fields.

What is a lesser nationally or internationally recognized prize or award for excellence?

It is a lower standard than a major internationally recognized award. The applicant has to submit substantial evidence proving the prize is a recognized one. USCIS has made rulings concerning the evidence: Academic scholarship or grants do not suffice, being listed on Marquis Who’s Who in America is not a prize, selection criteria and the pool of candidates for the award must be mentioned, team award is less valuable than individual award, and local awards do not suffice.

How can I prove that I will continue to work in the field of expertise?

A U.S. job offer is not required for an individual to qualify for a green card under the EB1A. Rather, the regulations only require an applicant to present evidence that they are coming to the United States to continue working in their area of expertise. The possible evidence can be letters from current or prospective employers, employment contracts, or a statement of a detailed plan on the commitment to working in your field of extraordinary ability in the U.S.

Do I need to travel or reside in USA as part of the application process?

No, there’s no need to travel or reside in the United States during the application process.

How long does it take for the Form I-140 to be approved by USCIS?

It takes between 6 to 12 months and within 15 days upon using the premium processing for an additional fee.

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