Rights & Responsibilities
For Professionals with Exceptional and Rare Abilities
What is the EB-1 Visa?
The EB-1 visa is a first-preference employment-based green card designed for individuals with extraordinary ability, outstanding professors and researchers, or multinational executives and managers. Unlike many other employment-based green cards, EB-1 applicants do not need labor certification (PERM), making it one of the fastest routes to U.S. permanent residency.
The EB-1 visa is divided into three subcategories:
- EB-1A (Extraordinary Ability): For individuals with outstanding achievements in sciences, arts, education, business, or athletics.
- EB-1B (Outstanding Professors and Researchers): For those recognized internationally for their academic contributions.
- EB-1C (Multinational Executives and Managers): For managers and executives transferring within multinational companies.
EB-1 Visa Eligibility Requirements
- EB-1A (Extraordinary Ability) Requirements
To qualify, you must demonstrate extraordinary ability in your field by meeting at least three of the following criteria or providing evidence of a one-time achievement (e.g., a major award like a Nobel Prize or an Oscar):
- National or international recognition (e.g., awards, media features)
- Published material about you in professional or trade publications
- Membership in associations that require outstanding achievement
- Participation as a judge of others’ work in your field
- Original contributions of major significance
- Scholarly articles or publications
- High salary compared to peers
- Artistic exhibitions or performances
- Leading roles in distinguished organizations
- EB-1B (Outstanding Professors and Researchers) Requirements
To qualify, you must:
- Have at least three years of experience in teaching or research
- Be recognized internationally as an expert
- Have a job offer from a U.S. employer (tenure-track position or permanent research role)
- Meet at least two of the following criteria:
- Major awards or recognition for achievements
- Membership in prestigious professional associations
- Published research in scholarly journals
- Participation as a judge or peer reviewer
- Significant contributions to your field
- Authorship of scholarly books or articles
- EB-1C (Multinational Executives and Managers) Requirements
To qualify, you must:
- Have been employed outside the U.S. in a managerial or executive role for at least one year in the past three years
- Be coming to the U.S. to work in a similar capacity for a related U.S. company
- The U.S. company must have been operational for at least one year
EB-1 Green Card Processing Time
The processing time varies depending on USCIS workload, but general estimates are:
- Form I-140 (Immigrant Petition for Alien Worker): 6-12 months
- Premium Processing (Optional for EB-1A & EB-1B): 45 calendar days
- Adjustment of Status (Form I-485, if applying within the U.S.): 8-14 months
- Consular Processing (If outside the U.S.): 6-12 months after I-140 approval
EB-1 Visa Documents Checklist
Required Documents for EB-1A:
- Form I-140 petition
- Personal statement detailing extraordinary ability
- Evidence of at least three eligibility criteria
- Letters of recommendation from industry experts
- Published articles, patents, or citations
- Proof of awards, honors, or media recognition
- Employment contracts or business plans (if applicable)
Required Documents for EB-1B:
- Job offer letter from a U.S. employer
- Form I-140 petition
- Letters of recommendation from peers and employers
- Evidence of academic contributions and publications
- Proof of major awards or memberships in professional organizations
Required Documents for EB-1C:
- Job offer letter from a U.S. company
- Organizational chart proving managerial/executive role
- Evidence of multinational company’s operational history
- Payroll records showing managerial experience outside the U.S.
- Tax returns or financial statements of the company
Letters of Recommendation
Strong letters of recommendation from industry experts, former employers, or peers enhance your EB-1 case. The letters should:
- Highlight your achievements and contributions
- Explain how your work is internationally recognized
- Support your claim of extraordinary ability or research impact
How to Prove Extraordinary Ability for EB-1A
- Submit peer-reviewed articles, research citations, or patents
- Show evidence of media features, awards, or keynote speaker roles
- Demonstrate high salary, leadership positions, or membership in elite associations
- Provide testimonials from industry leaders
EB-1 Visa Cost and Filing Fees
- Form I-140 Filing Fee: $700
- Premium Processing (Optional for EB-1A & EB-1B): $2,500
- Adjustment of Status (Form I-485):
- Adults (14+ years old): $1,140 (+$85 biometrics)
- Children (Under 14): $750
- Medical Examination Fees: Varies ($200-$500)
- Attorney Fees (if applicable): $3,000 – $8,000
Common Reasons for EB-1 Denial
- Insufficient documentation proving extraordinary ability
- Weak letters of recommendation
- Lack of evidence showing significant contributions to the field
- Inability to meet at least three eligibility criteria
What to Do in Case of Denial
If your EB-1 petition is denied, you can:
- File a Motion to Reconsider or Reopen if new evidence is available
- Submit a new petition with improved supporting documents
- Appeal to the Administrative Appeals Office (AAO)
- Consider alternative visa options, such as EB-2 NIW or O-1 visa
EB-1 Green Card FAQs
Can I apply for EB-1 without an employer?
Yes, EB-1A (Extraordinary Ability) applicants can self-petition.
How long does it take to get an EB-1 green card?
Typically 8-14 months, depending on USCIS processing times.
Is Premium Processing available for EB-1?
Yes, for EB-1A and EB-1B, but not for EB-1C.
Can I work while my EB-1 application is pending?
Yes, if you have valid work authorization.
Can my spouse and children apply with me?
Yes, dependents (spouse & children under 21) can apply for green cards under EB-1.
Why Choose a Professional Consultant for Your EB-1 Visa?
Filing an EB-1 green card petition requires strong documentation, and a single error can result in delays or denials. A professional consultant or immigration attorney can:
- Ensure compliance with USCIS guidelines
- Help draft persuasive recommendation letters
- Strengthen your case with proper documentation
- Increase approval chances
