The EB1 visa, known as the Employment-Based First Preference Visa, is also for individuals with extraordinary ability, but it is an immigrant visa category intended for those seeking a pathway to permanent residency in the U.S.

The EB1 visa application process varies slightly depending on the three different subcategories: EB1A for extraordinary talent, EB1B for outstanding professors or researchers, and EB1C for multinational-level executives or managers.

For the EB1A visa (Aliens with Extraordinary Ability), applicants can self-petition without the need for employer sponsorship, but they must still provide extensive evidence of their extraordinary ability. The requirements are typically more stringent than the O1 visa as EB1A applicants must provide evidence of sustained acclaim and recognition at a level significantly above that ordinarily encountered in their field.

The EB1B (Outstanding Professors and Researchers) requires a similar record of outstanding achievement as a professor or researcher and an employer sponsor in the U.S. To qualify, applicants must be in tenure, tenure-track, or an equivalent position at a recognized higher education institution and have at least three years of experience teaching or conducting research.

Like the L1 visa, the EB1C (Multinational Manager or Executive) is for executives or managers at multinationals who are being transferred to work in an equivalent capacity in the U.S. To qualify for an EB1C visa, the applicant must have been employed by the overseas company for at least one year within the past three years in a managerial or executive role, and the U.S. company they will transfer to must be a subsidiary, affiliate, or branch of the overseas company.

The EB1 visa is an immigrant visa category, leading to lawful permanent residency (green card) in the U.S. Once granted, EB1 visa holders become permanent residents and can live and work in the U.S. indefinitely.

If you are applying for an EB1B visa, your employer must also submit a labor certification (PERM) from the Department of Labor along with Form I-140 and documentation of your work as a professor or researcher. This labor certificate shows USCIS that there are no qualified American workers who are available for the position. 

The USCIS will then review your application as part of the adjudication process. If the USCIS needs additional information or documentation, they will send a Request For Evidence (RFE) before deciding. 

Once the USCIS has approved the I-140, they will set a priority date for processing your application. This date sets your place in the queue for the green card. 

Once USCIS has approved and processed your I-140, you will receive the green card. If you are currently on a different visa in the U.S., you may also have to file an I-485 (Adjustment of Status) to change your status to a permanent resident status. If you are applying for an adjustment of status, you may be required to schedule a biometrics appointment to provide fingerprints, photographs, and signatures. If you are living outside of the U.S., you may have to visit the U.S. consulate local to you for consular processing before you can receive your green card.

EB1 visa applicants do not need to wait for visas to become available, unlike other work visas, which means that the visa processing time can be done at a faster rate. According to 2019-2024 reported data from the USCIS, the filing and processing of the I-140 (Immigrant Petition for Alien Worker) averages approximately 4 months. According to the same data, the processing time for the employment-based I-485 Adjustment of Status is approximately 9 months.

EB1 visa applicants can file the I-907 (Request for Premium Processing Service) to expedite the decision on the I-140. If applicants pay for premium processing, a decision will be made within 15 calendar days. For an EB1 visa, the current price of the premium processing fee is $2,805.

To be eligible for an EB1 visa there is a single requirement: extraordinary ability. The criteria needed to meet this requirement vary between the three subcategories.

Additionally, all EB1 visa applicants must also demonstrate that they are admissible to the U.S. and that they intend to enter the country to continue to work in their area of extraordinary ability, outstanding research or teaching, or executive or managerial capacity.

 

Requirements for EB1A visa (Aliens with Extraordinary Ability) (EB1A)

Requirements for EB1A visa (Aliens with Extraordinary Ability)

• You must demonstrate extraordinary ability in your field, which means you have achieved sustained national or international acclaim and recognition for your achievements. 
• You must provide evidence of at least three of the following:
• Receipt of a major internationally recognized award (e.g., Nobel Prize).
• Membership in associations that require outstanding achievements in your field.
• Published material about you and/or your work in professional or notable publications.
• Participation as a judge of the work of others or competitions in your field.
• Published original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
• Authorship of scholarly articles in professional journals or other major media.
• Display your work at notable or renowned artistic exhibitions or showcases.
• Performance of a leading or critical role in distinguished organizations.
• Notable salary or other remuneration for services in comparison to other professionals in your field.

Requirements for Outstanding Professors and Researchers (EB1B)

• Requirements for EB1B visa (Outstanding Professors and Researchers)
• To qualify for an EB1B visa, you are required to demonstrate national and/or international recognition for your outstanding achievements in a particular academic field. 
• You must also have at least two years of experience in teaching or research in that academic area and must be entering the U.S. to pursue tenure or tenure-track teaching or comparable research position at a university or a different institution of higher education.
• You must provide evidence of at least two of the following:
• Receipt of major prizes/awards for outstanding achievement in your academic field
• Membership in associations related to your field of work that require outstanding achievements.
• Published material about your work in professional publications written by others.
• Participation as a judge of the work of others or competitions in your field.
• Published original scientific or scholarly research contributions in your field.

Requirements for Multinational Executives and Manager (EB1C)

Requirements for EB1C visa (Multinational Executives and Managers)

• The requirements include: 
• Employment outside the U.S. in a managerial or executive capacity by a qualifying multinational company for at least one of the three years preceding your application for admission to the U.S. The employment must have been continuous and full-time.
• Seeking to enter the U.S. to continue to render services to the same employer or to a subsidiary or affiliate of the employer in a managerial or executive capacity.
• Evidence of the qualifying relationship between the overseas employer and the U.S. employer, such as proof of ownership, control, or affiliation.

There are several costs associated with the EB1 visa. The first cost of the I-140 (Immigrant Petition for Alien Worker) is $700. The employer petitioning for the employee’s EB1B or EB1C must submit this form. If you are self-petitioning for an EB1A visa then you are responsible for paying the fee of the I-140.

The filing fee for the I-485 (Adjustment of Status) is dependent on the applicant’s age and visa status. Refugees can file the I-485 for free. The general fee for the I-485 is $1,440. If applicable, the biometrics fee is $85.

EB1 visa applicants can file the I-907 (Request for Premium Processing Service) to expedite the decision on the I-140. If applicants pay for premium processing, a decision will be made within 15 calendar days. For an EB1 visa, the current price of the premium processing fee is $2,805.

How long is the EB1 visa valid?

Your EB1 green card is a nonconditional permanent residency visa which means that you are exempt from the two-year conditional permanent residency visa. While the permanent residency itself is unconditional, the physical green card must be renewed every 10 years. After five years as a continuous resident with a permanent residency visa, you may apply for U.S. citizenship. 

Renewal of EB1 visa

While there is no exact renewal of the EB1 visa as you will in the U.S. as a permanent resident, you will still need to renew your green card every 10 years. The process for renewing your green card is relatively straightforward. 

You must file Form I-90 (Application to Replace Permanent Resident Card) and submit the form with supporting documents such as a copy of your most recent green card. You may file these either by mail or online through the USCIS online portal. The paper filing fee is $465 and the online filing fee is $415. 

Once the USCIS approves your I-90, you will be sent your new green card by mail. Your new green card will typically be valid for another 10 years. 

You may be required to schedule a biometrics appointment to provide fingerprints, photographs, and signatures. The fee for the biometrics appointment is $85. 

Spouse status with EB1 visa

The EB1 visa holders’ spouses, as well as unmarried children under 21 years old, are eligible for dependent visas. The specific visa category for dependents of EB1 visa holders is typically the E-21 (spouse) and E-22 (children) classification. The duration of stay for dependents is tied to the primary EB1 visa holder’s validity. As long as the primary EB1 visa holder maintains lawful status, their dependents may stay in the U.S. 

Even if dependents receive their E21 or E22 visas, they are not eligible to work in the U.S. automatically. After receiving their E21 or E22 visa and entering the U.SThey must file Form I-765 (Application for Employment Authorization) to receive work authorization.

The number of EB1 visas available is dependent on the number of employment-based visas available. Every fiscal year, the U.S. issues 140,000 employment-based immigrant visas. The EB1 is an employment-based immigrant visa so because of this broader cap, that means that subsequently there is a limited number of EB1 visas every year. 

There are 40,000 EB1 visas available every year and the visas are distributed equally between countries. Each country can receive no more than 7% of the total number of EB2 visas. However, if a country does not use their allotment then the leftover visas can be reassigned to countries that have a higher number of EB1 applicants.