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:
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- 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:
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- 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-1 Green Card: Frequently Asked Questions
What is an EB-1 green card?
EB-1 is the employment-based first preference immigrant visa category, one of the fastest and most sought-after paths to a U.S. green card for qualified individuals. It is divided into three subcategories: EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational managers and executives.
What is the difference between EB-1A, EB-1B, and EB-1C?
EB-1A is for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics and can, in many cases, self-petition without an employer. EB-1B is for outstanding professors and researchers with an international reputation, sponsored by a qualifying employer. EB-1C is for multinational managers or executives being transferred to a U.S. affiliate, subsidiary, or parent company, also sponsored by an employer.
Do I need a job offer for an EB-1 green card?
It depends on the subcategory. EB-1A applicants generally do not need a specific job offer and may self-petition, provided they can demonstrate their entry will substantially benefit the United States in their field. EB-1B and EB-1C both require a sponsoring U.S. employer and a specific job offer.
What does “extraordinary ability” mean for EB-1A purposes?
Extraordinary ability means a level of expertise indicating the individual is one of the small percentage who has risen to the very top of their field. Applicants generally must satisfy at least three of ten specific regulatory criteria, or provide evidence of a one-time major achievement such as a major internationally recognized award, along with a final merits determination showing sustained national or international acclaim.
What qualifies someone as an “outstanding professor or researcher” for EB-1B?
Applicants must demonstrate international recognition for outstanding achievement in a specific academic field, have at least three years of experience in teaching or research in that field, and be entering the U.S. to pursue tenure or a tenure-track position, a comparable research position at a university, or a comparable research position with a private employer that has a documented research department.
What qualifies someone as a “multinational manager or executive” for EB-1C?
Applicants must have been employed abroad in a managerial or executive capacity for at least one year within the three years preceding the petition (or preceding their most recent U.S. nonimmigrant entry, if already working for the U.S. entity) by a qualifying foreign parent, subsidiary, branch, or affiliate, and must be entering the U.S. to work in a managerial or executive capacity for that related U.S. entity.
Does EB-1 require PERM labor certification?
No. Unlike the EB-2 and EB-3 categories, none of the three EB-1 subcategories require PERM labor certification. This removes a lengthy and often unpredictable step from the process and generally allows EB-1 cases to move faster. Rather, the EB-1 categories only require filling of the I-140 petition with USCIS.
How long does the EB-1 process take?
Timelines vary based on USCIS processing times, whether premium processing is used, and, particularly relevant in recent years, visa bulletin backlogs for certain countries of birth (especially India and China). Premium processing can secure an initial decision on the I-140 petition within a matter of weeks, though the overall green card timeline still depends on visa number availability.
Is there a backlog or wait time for EB-1 green cards?
It depends on the applicant’s country of birth. EB-1 has historically had shorter wait times than other employment-based categories, but applicants born in countries with high demand, particularly India and China, can still face meaningful backlogs based on current visa bulletin movement.
How is EB-1A different from an EB-2 National Interest Waiver (NIW)?
Both EB-1A and EB-2 NIW allow self-petitioning without a specific job offer, but EB-1A requires meeting the higher “extraordinary ability” standard (top of the field), while EB-2 NIW requires an advanced degree or exceptional ability plus a showing that a waiver of the job offer and labor certification requirements is in the national interest. The EB-2 NIW is generally considered a somewhat more attainable standard than the EB-1A for many applicants.
Can my spouse and children be included in my EB-1 green card application?
Yes. Spouses and unmarried children under 21 can be included as derivative beneficiaries on an EB-1 I-140 petition. Once approved, they may apply for their own green cards alongside the principal applicant.
What is the difference between the I-140 petition and the green card itself?
The Form I-140 is the immigrant petition that establishes the applicant’s eligibility for the EB-1 category; it does not by itself grant a green card. Once the I-140 is approved and a visa number is available, the applicant (or their derivative family members) must still complete either adjustment of status (if already in the U.S.) or consular processing (if abroad) to actually obtain permanent residence (the green card).
Can I be in the U.S. on another visa while my EB-1 petition is pending?
Yes. Many EB-1 applicants remain in the U.S. in a nonimmigrant status such as H-1B, L-1, or O-1 while their EB-1 petition and eventual adjustment of status are processed. Since EB-1 is an immigrant category, care should be taken to understand how pursuing it may interact with a nonimmigrant visa that does not recognize dual intent.
What documents are required for an EB-1 petition?
Requirements vary by subcategory but generally include the Form I-140 petition, extensive documentary evidence tailored to the applicable regulatory criteria (awards, publications, media coverage, judging experience, salary data, etc. for EB-1A/EB-1B), evidence of the qualifying foreign employment and corporate relationship for EB-1C, and evidence of the specific job offer and the employer’s ability to pay the offered wage.
What are common reasons an EB-1 petition is denied?
Common issues include failure to meet the required number of evidentiary criteria or a “final merits” showing of sustained acclaim for EB-1A, insufficient evidence of the required academic reputation or research experience for EB-1B, and for EB-1C insufficient evidence of the qualifying corporate relationship, gaps in the required year of qualifying foreign employment, or insufficient evidence that the employer has the ability to pay the beneficiary’s wage.
How far in advance should I start the EB-1 process?
Because building a strong EB-1 case involves gathering substantial documentary evidence, applicants and employers are encouraged to begin the process several months in advance, and to factor in current visa bulletin movement for the applicant’s country of birth when planning steps to permanent residency after I-140 approval.
EB-1A: Persons of Extraordinary Ability
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.
EB-1B: Outstanding Professors or Researchers
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.
EB-1C: Multinational Managers & Executives
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.
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.