EB1 Visa: Eligibility, Categories, and Green Card Process

The EB-1 visa is the first preference employment-based immigrant visa category, reserved for "priority workers." In plain terms, an EB-1 visa leads to a U.S. green card for those with extraordinary abilities, outstanding achievements, or multinational executive experience. It’s one of the fastest employment-based paths to permanent residence - no labor certification (PERM) is required, and EB-1 gets the first allocation of green card numbers each year. If you qualify, an EB-1 can be your direct route to a green card (permanent residency).

However, EB-1 eligibility is strict. This category is divided into three sub-categories: EB-1A (Extraordinary Ability), EB-1B (Outstanding Professor or Researcher), and EB-1C (Multinational Manager or Executive). Each has specific criteria. Below, we break down who qualifies for EB-1, how the application process works, and what to expect in terms of timing (including EB-1 priority dates for India and other countries). We’ll also discuss when you might self-petition vs. need an employer, and why many applicants choose to work with an EB-1 visa lawyer to navigate the process.

Who Qualifies for EB-1? (EB-1 Eligibility Categories)

To qualify for EB-1, you must fall into one of three categories of priority workers:

EB-1A: Persons of Extraordinary Ability

EB-1A is for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. You must have sustained national or international acclaim in your field and meet at least 3 out of 10 specific criteria (or show a one-time major achievement like an Olympic Medal or Pulitzer). Examples of the EB-1A criteria include receiving significant awards, press coverage about your work, memberships in elite associations, original contributions in your field, authorship of scholarly articles, etc. The key benefit of EB-1A is that no U.S. job offer or employer sponsorship is required - you can self-petition by filing your own Form I-140 petition. This makes EB-1A attractive to top talent who want to apply on their own merits. In practice, EB-1A is one of the most challenging visas to obtain due to the high bar for “extraordinary” achievement (think along the lines of internationally recognized experts or award winners in a field).

EB-1B: Outstanding Professors and Researchers

EB-1B is for outstanding professors or researchers who are recognized internationally for their academic achievements. To qualify, you need at least three years of teaching or research experience in your academic field, and you must be coming to the U.S. for a tenure-track teaching position or a comparable research position. You also need a job offer from a U.S. university or qualifying employer (a private employer must show it employs at least 3 full-time researchers and has notable accomplishments in the field). Additionally, you must meet at least 2 of 6 criteria demonstrating your outstanding achievements (e.g. major prizes, memberships requiring outstanding achievement, published material about your work, judging others’ work, original research contributions, authorship of scholarly books or articles). Employer sponsorship is required for EB-1B - a U.S. employer (university or company) must file the EB-1B petition on your behalf. Like EB-1A, no labor certification is needed, but you cannot self-petition; your employer is the petitioner.

EB-1C: Multinational Managers and Executives

EB-1C is the multinational manager/executive green card category - essentially a permanent residence path for those on L-1A visas or similar. To qualify for EB-1C, you must have worked in a managerial or executive capacity for at least 1 year overseas within the past 3 years, for the same company (or its affiliate/subsidiary) that is now sponsoring you in the U.S.. The U.S. employer must have been doing business for at least 1 year and have a qualifying relationship to the foreign company (parent, branch, affiliate, or subsidiary). EB-1C requires an employer sponsor - the U.S. company files the petition. No specific “extraordinary accolades” are required beyond the managerial/executive role, but you must be taking a managerial or executive position in the U.S. company as well. This is a common route for multinational companies to transition their international executives into U.S. permanent residence. For example, an individual working as a director for an overseas branch who is transferred to a U.S. office as a director may qualify for EB-1C. No PERM labor certification is required for EB-1C either.

Summary of EB-1 eligibility: If you are a world-leading expert or award-winning talent, EB-1A is your category. If you are an acclaimed academic with a U.S. university or research job offer, EB-1B may be for you. If you are a foreign executive or manager being transferred to the U.S., EB-1C is the ticket. All EB-1 categories avoid the long PERM process required for EB-2/EB-3, making EB-1 a faster option if you qualify.

EB-1 Application Process (Forms, Self-Petition vs Employer, Premium Processing)

The EB-1 green card process generally involves two major steps: (1) the immigrant petition (Form I-140) to classify you as an EB-1 priority worker, and (2) the green card application (either Adjustment of Status if you are in the U.S., or consular processing abroad).

• Form I-140 Immigrant Petition: For EB-1A, you can file the I-140 petition yourself (self-petition) since no employer sponsorship is needed. For EB-1B and EB-1C, your U.S. employer must file the I-140 petition for you, acting as your petitioner. The I-140 petition is filed with USCIS along with evidence proving you meet the EB-1 criteria for your category. This includes documentation of your achievements (for EB-1A/B) or evidence of your qualifying employment (for EB-1C). It’s critical to prepare a thorough petition with strong evidence; USCIS closely scrutinizes EB-1 petitions given the high standards.
• Premium Processing: The good news is that EB-1 petitions (except EB-1C) are eligible for premium processing. This means for an optional fee (currently $2,500), USCIS will expedite the I-140 decision within 15 days. EB-1A and EB-1B petitions often use premium processing to get a quick approval. EB-1C is not eligible for premium processing as of 2025, so EB-1C petitions typically take longer (standard processing times for I-140 can range from 6-12+ months).
• Adjustment of Status or Consular Interview: Once the I-140 is approved, the final step is obtaining your green card. If you are already in the U.S. on a valid visa, you will likely file Form I-485 (Adjustment of Status) to switch from your current status to permanent resident. If you are abroad, you will go through consular processing, submitting paperwork to the National Visa Center and attending an immigrant visa interview at a U.S. consulate. Family members (spouse and unmarried children under 21) can be included as derivatives in this process - they get green cards as well under the EB-1 category.
• Timeline: If a visa number is available (more on priority dates below), EB-1 can be very fast. For example, an EB-1A applicant not facing a backlog could potentially get I-140 approval in a few weeks with premium processing, and then an I-485 approval within a year or so, making the total time to green card around 1 to 1.5 years in ideal cases. EB-1B might be similar since premium is available (assuming the employer prepares the case quickly). EB-1C tends to be slower - I-140 might take around 6-12 months (no premium), and then I-485 another several months to a year, so perhaps 1.5 to 2 years. Keep in mind these are rough estimates; actual processing times can vary based on USCIS backlogs, security checks, etc.
• Evidence and Legal Strategy: The EB-1 filing process demands a strong presentation of your qualifications. Especially for EB-1A and EB-1B, petitioners include reference letters from experts, copies of awards, publications, citation records, media articles, etc. For EB-1C, detailed employment verification letters and corporate documentation are key. Many applicants seek out an experienced immigration attorney to craft the petition, as success can hinge on how well the case is argued. (For insight on choosing an attorney, see our guide on the H-1B visa lawyer selection - the principles are similar (see our H-1B visa lawyer guide).)

Important: If you do not fall into one of the EB-1 categories above, you will need to pursue a different employment-based green card category (such as our EB-2 visa guide or our EB-3 visa guide). EB-1 is only for those specific priority worker classes.

EB-1 Priority Dates and Backlogs (EB-1 Priority Date India & China)

One important aspect of the EB-1 process is the priority date - essentially, your place in line for a green card. Your priority date is set when your I-140 petition is filed (or the date your labor certification was filed, though EB-1 doesn’t use labor cert). In categories where demand exceeds supply, there can be a waiting line by priority date before you can receive the green card.

The good news: Historically, EB-1 has often been current for all countries, meaning no backlog - eligible EB-1 applicants could get a visa number immediately. The bad news: In recent years, EB-1 for India (and sometimes China) has developed backlogs due to high demand. As of 2025, EB-1 is current for most countries, but for India there is a cutoff date (meaning a wait). For example, the May 2025 Visa Bulletin shows EB-1 India with a Final Action cutoff of February 15, 2022. This implies that an Indian EB-1 applicant with a priority date in 2025 might wait roughly 2-3 years before their green card can be approved (since only those with 2022 or earlier priority dates are being processed in 2025). China also has a minor backlog in EB-1 (cutoff around late 2022). For all other countries, EB-1 remains “Current”, meaning no retrogression - their green cards can be processed as soon as the petitions are approved.

What does this mean practically? If you are from India or China, even after your EB-1 I-140 is approved, you might wait a bit before filing the I-485 or getting final approval. For instance, an Indian EB-1C manager filing in 2025 may have to hold off on the I-485 until the priority date (2025) becomes current - which could be a few years given the cutoff. By contrast, an EB-1 applicant from Europe, Canada, etc., can usually file the I-485 immediately after I-140 approval (or even concurrently file I-140 and I-485 together if dates are current).

On the bright side, EB-1 backlogs tend to be much shorter than EB-2 or EB-3 backlogs for India/China. And because EB-1 is the top priority, any unused visas from EB-4 or EB-5 categories “fall up” to EB-1 each year, sometimes easing the wait. The Visa Bulletin can move unpredictably, so it’s wise to stay updated. You can check the monthly Visa Bulletin from the Department of State (or our Gale blog updates) to see the latest EB-1 priority date for India and China. As of mid-2025, an Indian EB-1 applicant needs a priority date before Feb 15, 2022 to be approved, but this date is expected to advance as new visas become available in the next fiscal year.

Strategy during wait: If you do have to wait for a priority date to become current, you can continue to extend or use your nonimmigrant status (for example, keep extending L-1 status or H-1B status, since both L-1 and H-1B are dual-intent). Many EB-1 applicants from India file EB-1 and EB-2 in parallel (if eligible) to maximize chances - EB-2 India is backlogged much further (EB-2 India’s date is around 2013, far behind EB-1), but occasionally EB-2 dates move differently than EB-1. Generally, EB-1 is your best shot if you can qualify, even with a short wait for Indians and Chinese.

Benefits of the EB-1 Category (Why Pursue EB-1?)

The EB-1 is considered the “cream of the crop” employment-based green card. Key advantages:

• No PERM Labor Certification: Unlike EB-2 and EB-3, EB-1 does not require the employer to go through the time-consuming PERM process of testing the U.S. labor market. This saves months (or more than a year) in the process and avoids the risk of failing labor certification. EB-1 allows a direct I-140 filing without DOL recruitment.
• Faster Priority Dates: As discussed, EB-1 gets the largest share (28.6%) of employment visa numbers and is given highest priority. Even when backlogged, EB-1 moves faster than other categories. For many, EB-1 can mean a green card in hand years earlier than EB-2/3 would.
• Self-Petition Option (EB-1A): The ability to self-petition in EB-1A is unique (shared only with certain EB-2 NIW cases). If you qualify, you don’t need to rely on an employer to sponsor you, which is empowering for highly accomplished individuals who may be freelancing or running their own ventures.
• Job Flexibility Sooner: Once your I-485 has been pending 180 days, you can “port” to a same/similar job under AC21. Because EB-1 typically allows you to file the I-485 relatively quickly (especially if dates are current), you achieve job flexibility earlier. In contrast, EB-2/3 applicants from backlogged countries might wait years just to file I-485 and reach that stage.

Of course, the challenge is qualifying - these benefits only matter if you meet EB-1 criteria. It’s a high standard; many talented people who don't quite fit EB-1 pursue EB-2 or other paths (and there’s no shame in that). If you’re unsure about your profile, it’s wise to consult with an immigration lawyer who can evaluate whether you have a viable EB-1 case or if another category is more realistic.

Need help with your EB-1 case? Book a consultation with Gale for personalized assistance from our immigration experts. Our team has experience securing EB-1 green cards for individuals across tech, academia, arts, and business. We can assess your qualifications, help gather strong evidence, and navigate the process to maximize your chances.

FAQs

Q: What is the EB-1 visa? Is it a green card or a visa? A: The term “EB-1 visa” refers to an immigrant visa leading to a green card in the EB-1 category. In practical terms, when your EB-1 petition is approved and a visa number is available, you become a U.S. permanent resident (get a green card). So EB-1 is not a separate travel visa like an H-1B; it’s a green card classification. People use “EB-1 visa” and “EB-1 green card” interchangeably to mean permanent residency through the EB-1 category.

Q: Do I need a job offer for EB-1? A: It depends on the subcategory. For EB-1A (extraordinary ability), no job offer is needed - you can self-sponsor. For EB-1B (outstanding researcher/professor) and EB-1C (multinational manager), yes, you need a U.S. employer to offer you the qualifying position and to sponsor your petition. In EB-1B, that’s a tenure-track or research job; in EB-1C, it’s an executive/manager job with the U.S. affiliate of your overseas employer.

Q: What are the 10 criteria for EB-1A extraordinary ability? A: USCIS lists ten criteria to judge extraordinary ability, covering things like major awards, published material about you, high salary, scholarly articles, artistic exhibitions, etc. You need to provide evidence of at least 3 criteria (or a one-time major award). Some examples: Awards (e.g. international prizes or awards for excellence in your field), Publications (articles about your work in media or journals), Leading Role (leading role in distinguished organizations), High Salary (commanding a high salary compared to others), Judging (being asked to judge others’ work), Contributions (original contributions of major significance in your field), etc. The full list is on the USCIS website and in our detailed EB-1 guide. Meeting 3 criteria doesn’t guarantee approval - you must show overall that you’ve achieved sustained acclaim.

Q: How long does the EB-1 process take? A: It can be relatively quick. I-140 petition: 15 days with premium processing (for EB-1A and EB-1B), or several months regular (and EB-1C only regular processing). I-485 stage: typically 6-12 months once your priority date is current. If dates are current when you file, many EB-1 applicants complete the whole process in around 1 to 2 years. If you’re from India or China and have to wait for a visa number, add the backlog wait (which as of 2025 might be ~2 years for India EB-1). Still, EB-1 is faster than other categories; for example, an EB-2 India might wait over a decade, whereas EB-1 India is a few years wait at most. Remember, after getting a green card through EB-1, you can apply for U.S. citizenship in 5 years.

Q: If I don’t qualify for EB-1, what are my alternatives? A: EB-2 or EB-3 employment-based green cards are the next options. EB-2 is for advanced degree holders or people with exceptional ability (there’s also a National Interest Waiver for EB-2 that waives the job offer in certain cases). EB-3 is for professionals (bachelor’s degree) and skilled workers. Those require employer sponsorship and PERM labor certification in most cases. Another route for very accomplished folks is the O-1 visa (a nonimmigrant visa for extraordinary ability), which can sometimes be a stepping stone to EB-1. Some candidates use O-1 to build up their profile then apply EB-1. Finally, if you’re an international executive but your company isn’t large enough for EB-1C, you might consider building up the U.S. business (or using an L-1 visa) and applying later. It’s best to consult an immigration attorney to chart the right path.

Q: Should I hire a lawyer for an EB-1 petition? A: Given the high stakes and complex evidence required, yes, it’s highly advisable to use an experienced immigration lawyer for EB-1. While it’s possible to self-file (especially for EB-1A), successful EB-1 cases often involve crafting a persuasive legal argument, which lawyers are skilled at. A lawyer can help you identify and document the strongest achievements in line with USCIS criteria, obtain reference letters, and address any weaknesses in your case. They also handle the forms and procedure so nothing is missed. Considering the importance of getting the green card, expert guidance is worth it. Gale connects you with top EB-1 visa attorneys who have a track record in this category - we’re happy to help evaluate your case.

Q: Can I apply for EB-1 while on another visa (H-1B, L-1, etc.)? A: Absolutely. EB-1 is an immigrant petition, and most work visas like H-1B or L-1 are dual intent, meaning you won’t violate your status by pursuing a green card. Many EB-1 applicants are in the U.S. on H-1B visas (or L-1A in the case of EB-1C). You can continue to renew your nonimmigrant visa (or even switch employers) while the EB-1 is in process. If you are on a visa that is not dual intent (like TN or F-1), you should consult an attorney - filing an immigrant petition could affect those statuses, so the timing needs to be planned (often by switching to a dual-intent status first). In any case, pursuing EB-1 does not require you to leave your job or leave the U.S. - you can do it in parallel with your current employment.

Q: What is the EB-1 priority date for India now? A: As of the latest Visa Bulletin (mid-2025), EB-1 India is backlogged to about February 15, 2022. This means Indian EB-1 applicants with priority dates in 2022 or earlier are being processed. If you are Indian with a later priority date, you’ll wait until the date moves past your filing date. The date can advance as USCIS/DOS allocate more visas - it’s updated monthly. China’s EB-1 date is around late 2022. All other countries are current (no wait). Keep an eye on the Visa Bulletin each month for “EB-1 - India” to see the current cutoff. Gale’s blog also provides updates when significant movements happen in EB categories.

Q: Can my spouse work while my EB-1 is pending? A: Once you file an I-485 adjustment application (assuming you’re eligible to file while waiting), you and your spouse can apply for Employment Authorization Documents (EADs). The EAD lets you work anywhere while the green card is pending. If you’re on a status like H-1B, your spouse might already have an H-4 EAD option (if your I-140 is approved). If on L-1, your L-2 spouse can already work incident to status. But if not, the I-485 EAD is a great benefit. It usually takes ~4-6 months to get an EAD after filing I-485. So yes, your spouse (and you) can get open work authorization before the final green card, provided you reach the I-485 stage.

Q: Is EB-1 the “best” employment-based green card? A: “Best” depends on context, but EB-1 is the most prestigious and fastest of the employment-based green cards. If you qualify, it’s fantastic because of no labor cert, high visa priority, and ability to self-petition (for EB-1A). It’s the first preference for a reason. That said, not everyone can be an EB-1 - and that’s okay. EB-2 and EB-3 are more common and perfectly good paths, just slower especially for certain countries. The green card you can actually get is the best one for you. We recommend striving for EB-1 if you have a realistic shot, but also preparing alternative plans. Consult with Gale’s team if you want an honest assessment of your chances in EB-1 and guidance on backups.