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Business & talent visas

US EB-1 employment-based first preference (green card)

The top employment-based green card category, for people of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives.

Expert reviewed Official guidance referenced

Important information

EB-1 is discretionary and evidence-intensive: meeting the minimum regulatory criteria does not by itself guarantee approval, as USCIS makes a final merits determination on the whole record.
On this page
Route type
Employment-based immigrant (green card), first preference
Sub-categories
EB-1A extraordinary ability, EB-1B outstanding professor/researcher, EB-1C multinational manager/executive
Who petitions
EB-1A: self-petition allowed (no job offer); EB-1B and EB-1C: US employer petitions
Labor certification
Not required for any EB-1 sub-category
Core petition
Form I-140 (Immigrant Petition for Alien Worker)
Later stage fee
Form I-485 adjustment of status: $1,440
Applicants outside the US use consular processing (Form DS-260) instead.
Petition fee
Form I-140 $715 + Asylum Program Fee up to $600
$300 for small employers, $0 for nonprofits; plus $1,440 (I-485) or consular fees

Who it's for

EB-1 is aimed at people at or near the top of their field, or in senior roles within multinational companies. The three sub-categories serve different profiles.

  • EB-1A: individuals with extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained national or international acclaim.
  • EB-1B: outstanding professors and researchers recognised internationally in a specific academic area, with at least three years of experience.
  • EB-1C: managers and executives who have worked abroad for at least one year for a company related to a qualifying US employer.

Eligibility

Requirements differ by sub-category, but USCIS assesses each petition against defined regulatory standards.

EB-1A applicants must show they are among the small percentage who have risen to the very top of their field and that their continued work will substantially benefit the United States. This is typically evidenced by a one-time major internationally recognised award, or by meeting at least three of ten regulatory criteria (such as prizes, published material about them, judging others' work, and original contributions of major significance).

EB-1B applicants must document at least two of six criteria (for example, major prizes, membership in demanding associations, published material about their work, judging others' work, original research contributions, or authorship of scholarly books or articles) and generally require an offer of a permanent research or tenure-track position.

EB-1C applicants must have been employed abroad for at least one continuous year in the three years before the petition, in a managerial or executive capacity, by an entity related to the petitioning US employer.

How to apply

The process runs in stages and the exact steps depend on whether the applicant is in the US or abroad.

  • File Form I-140 with USCIS (self-filed for EB-1A, employer-filed for EB-1B/EB-1C) with supporting evidence.
  • Optionally request premium processing (Form I-907) for faster adjudication of the I-140, for an additional fee.
  • Monitor the monthly Visa Bulletin to confirm a visa number is available for your category and country of birth.
  • If in the US with a current priority date, file Form I-485 to adjust status; if abroad, complete Form DS-260 and attend an immigrant visa interview at a US consulate.
  • Attend biometrics and any required interview, then receive the green card once approved.

Building the evidence

EB-1 is documentation-heavy. Petitions succeed on the strength and quality of the evidence, not just the number of items submitted. USCIS uses a two-step analysis: first checking whether the regulatory criteria are met, then assessing the evidence as a whole to decide whether the applicant genuinely stands at the top of the field.

  • Independent evidence such as awards, published coverage, citation records and expert letters carries more weight than self-produced material.
  • For EB-1B and EB-1C the employer's supporting documentation (job offer, corporate relationship, ability to pay) is central.
  • Preserve conditional nuance: meeting the minimum criteria does not guarantee approval, as the final merits determination is discretionary.

Advantages of EB-1

  • No PERM labor certification is required, removing a lengthy Department of Labor step used by many other employment-based routes.
  • EB-1A allows self-petition, so an extraordinary-ability applicant does not need a US employer or job offer.
  • As a first-preference category, EB-1 frequently has better visa number availability than second or third preference, though country-specific backlogs can still apply.

Frequently asked questions

  • It depends on the sub-category. EB-1A (extraordinary ability) allows you to petition for yourself with no job offer. EB-1B (outstanding professor or researcher) and EB-1C (multinational manager or executive) both require a US employer to sponsor and file the petition.

Verified against official gov.uk sources · last reviewed 2026-08-20. Information only — not legal advice.

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