At Berardi Immigration Law, we excel in turning exceptional talent into permanent American success stories. Our unparalleled expertise in securing EB-1 green cards has helped countless extraordinary individuals achieve their dreams of living and working in the United States.

 

What is an EB-1 Visa?

An EB-1 Visa is an employment-based visa for workers with extraordinary abilities and talents. This visa is the quickest path to obtaining a U.S. green card.

EB-1: Priority Workers

The EB-1 immigrant visa category is reserved for highly capable foreign nationals. Priority Workers are divided into three subcategories, including:

    • Workers of Extraordinary Ability
    • Outstanding University Professors or Researchers, and
    • Multinational Managers and Executives.

Obtaining a U.S. green card for a priority worker is typically easier than doing so in any of the other employment-based visa categories. The two main advantages of the EB-1 immigrant visa categories are:

    • Unlike the EB-2 and EB-3 categories, which typically require the lengthy and complex PERM Labor Certification process, the EB-1 category offers a significant advantage. Employers and employees pursuing an EB-1 green card can bypass this arduous step. This means the employer is not required to initiate the green card process by conducting extensive recruitment efforts to find qualified U.S. workers for the position, nor do they need to obtain a PERM Labor Certification from the U.S. Department of Labor. The PERM process, notorious for its staggering complexity, often spans many months and incurs substantial costs. By avoiding this step, EB-1 applicants can potentially save considerable time and resources, streamlining their path to permanent residency in the United States.
    • The immigrant visa numbers for the EB-1 category are often more favorable compared to other employment-based categories, even for applicants from high-demand countries such as India, China, and Mexico. However, these numbers are not always current and can fluctuate. The government does tend to prioritize visa numbers for these highly skilled applicants.

EB-1A: Persons of Extraordinary Ability

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The EB-1A visa classification offers a fast track to a green card for individuals recognized as being at the top of their field, including those in science, art, education, business, or athletics. This category allows individuals of extraordinary ability to self-petition, bypassing the need for employer sponsorship. To qualify, applicants must demonstrate sustained national or international acclaim and provide evidence that they will continue working in their field in the U.S. Key eligibility criteria include awards, published work, leadership roles, or high earnings.

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EB-1B: Outstanding Professors or Researchers

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The EB-1B classification is for outstanding professors or researchers who are internationally recognized for their exceptional achievements in a specific academic field. To qualify, applicants must have at least three years of teaching or research experience and meet two of six criteria, such as receiving major awards or making significant scholarly contributions. Unlike the self-petitioned EB-1A, EB-1B petitions are employer-sponsored, requiring a permanent job offer from a U.S. academic or research institution.

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EB-1C: Multinational Managers & Executives

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The EB-1C category is designed for multinational managers and executives who meet L-1A nonimmigrant standards and seek permanent residency in the U.S. To qualify, applicants must have worked for an affiliated entity abroad for at least one year in the past three years and must hold a managerial or executive role with a U.S. company. The petitioning employer must demonstrate the applicant’s critical role in decision-making and business operations.

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What is the Application Process For an EB-1 Green Card?

First, the applicant or their employer must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). EB-1A applicants (Extraordinary Ability), self-petitioning is allowed, meaning they do not need an employer sponsor. However, EB-1B (Outstanding Professors and Researchers) and EB-1C (Multinational Executives and Managers) require a job offer and sponsorship from a U.S. employer. The applicant must submit substantial evidence proving their qualifications, such as awards, publications, employment history, or letters of recommendation from experts in the field.

Once the I-140 petition is approved, applicants must wait for a visa number to become available according to the Visa Bulletin published by the U.S. Department of State. If a visa number is available, those already in the U.S. can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the applicant is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country. After approval, the applicant receives their green card, granting them permanent residency in the United States.

Processing Time For EB-1 Green Cards

EB-1 processing times vary. If you choose premium processing, the green card can be processed as fast as 15 days. If you choose regular processing, I-140 may be approved much longer depending on the processing center, but it usually takes around 6-12 months. After having the green card for 5 years, you are then able to apply for U.S. citizenship.

How Much Does it Cost to Get an EB-1 Green Card?

The government fee for filing an I-140 petition is currently at $715. In addition to the standard filing fee, most employers are required to pay an Asylum Program Fee when filing Form I-140. This fee was introduced to support the U.S. asylum system and varies based on the petitioner’s status:​

  • Standard Fee: $600 for most petitioners.​
  • Discounted Fee: $300 for small employers with 25 or fewer full-time equivalent employees.​
  • Exemption: Nonprofit organizations are exempt from paying this fee.

There are also legal fees. After the I-140 is approved, there are additional filings, which include I-485, I-131, and I-765. Contact your immigration attorney to find out how much these will cost during the early processes of filing for this visa.

Why Work With a Berardi EB-1 Green Card Lawyer?

With a deep understanding of the intricate EB-1 process and a track record of success, our responsive team works tirelessly to build strong, personalized relationships with each client. We don’t just file paperwork; we craft compelling narratives that showcase your extraordinary abilities to immigration officials. From acclaimed researchers to innovative business leaders, we’ve guided many through this elite path to permanent residency. Choose Berardi Immigration Law and let us transform your exceptional qualities into your American reality.

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