EB1 Visa Guide: EB1A, EB1B, and EB1C Explained

Reviewed by: Andrew Solis, Esq.

The EB1 visa is the first preference employment-based immigrant visa category. It is divided into 3 sub-categories: EB1A for people with extraordinary ability, EB1B for outstanding professors and researchers, and EB1C for multinational managers and executives. None of these three categories requires a labor certification (PERM) from the Department of Labor, which removes the most lengthy and expensive stage of the typical employment-based green card process.

In this guide, we discuss each of the 3 categories of the EB1 visa, along with the filing process, filing fees, premium processing, and key risks to plan around.

Introduction to EB1 Visa

The EB1 visa, also called the “Employment-Based First Preference,” is an immigrant visa classification. An approved EB1 immigrant petition is the first step toward lawful permanent residence (a green card). The beneficiary becomes a permanent resident either when USCIS approves an application for Adjustment of Status (Form I-485) filed from within the United States, or, for those processing abroad, when they are admitted to the United States on an immigrant visa issued through consular processing. A principal applicant’s spouse and unmarried children under 21 may also apply for green cards as derivative applicants. For children close to age 21, the Child Status Protection Act (CSPA) may preserve eligibility. 

The EB1 category has 3 distinct sub-categories with different requirements for approval:

• EB1A for people with extraordinary abilities
• EB1B for outstanding professors and researchers
• EB1C for multinational managers and executives

All three categories are petitioned on Form I-140, Immigrant Petition for Alien Workers, and none of them requires a labor certification (PERM).

EB1A Visa

i. EB1A Overview

The first category within the EB1 visa category is EB1A. The EB1A visa is reserved for people who have extraordinary ability in the sciences, arts, education, business, or athletics. To qualify for an EB1A visa, you must show sustained national or international acclaim and that you are one of the small percentage who has risen to the very top of your field.

One of the main benefits of the EB1A visa is that it allows for self-petitioning. This means that you do not need a company to sponsor you for an EB1A visa. Instead, you can file a petition on your own behalf. Self-petitioning is a great option if you own your own business, don’t want to be tied to a specific employer, or don’t have a specific job offer. 

ii. EB1A Requirements.

To qualify for an EB1A visa there are 3 main requirements:

1. You are an individual with an extraordinary ability
2. You will continue to work in your area of extraordinary ability once you are in the United States
3. Your entry will substantially benefit the United States in the future.

1. You are an individual with an extraordinary ability

To qualify for an EB1A visa, you must show that you have demonstrated extraordinary ability in your field. You can prove this by showing that you have received a major, internationally recognized award, such as a Nobel Prize or an Oscar. If you have not won such an award, you can still qualify by submitting evidence that meets at least 3 of the 10 criteria listed below (or comparable evidence if a criterion does not readily apply to your occupation).

Criteria for Extraordinary Ability

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor;
• Membership in associations in your field of endeavor, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
• Published material about you, in professional or major trade publications or other major media, relating to your work in your field of endeavor;
• Participation, either as an individual or as part of a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field of endeavor;
• Authorship of scholarly articles in your field, in professional or major trade publications or other major media;
• The display of your work in your field at artistic exhibitions or showcases;
• You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
• You have commanded a high salary or other significantly high remuneration for services, in relation to others in your field; or
• You have achieved commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Here is a link to our EB1A visa guide which has more details on this requirement.

2. You will continue to work in your area of extraordinary ability once you are in the United States

To qualify for an EB1A visa, you must also show that you are coming to the United States to continue working in your area of extraordinary ability. You can prove this by submitting evidence such as a job offer, contracts to work in your field, or a statement detailing your plans to continue working in your field. A permanent job offer is not required for EB1A.

3. Your entry will substantially benefit the United States

To qualify for an EB1A visa, you must also show that your entry will substantially benefit the United States in the future. You can address this requirement with the same evidence that shows you will continue working in your field of extraordinary ability.

EB1B Visa

i. EB1B Overview

The second category of the EB1 visa is EB1B. The EB1B visa is reserved for outstanding professors and researchers. To qualify for an EB1B visa, you must show that you are recognized internationally as being outstanding in your academic field. This is a different test than the EB1A “extraordinary ability” standard: EB1B focuses on international recognition in a specific academic area plus experience and a qualifying job offer, and USCIS applies its own two-step evidentiary analysis to each classification. Unlike EB1A, EB1B requires an employer to file the petition. You cannot self-petition for EB1B.

ii. EB1B Requirements

To qualify for an EB1B visa there are 3 main requirements:

• You are internationally recognized as being outstanding in an academic field
• You have at least 3 years of experience teaching or conducting research in your field
• You have a qualifying offer of employment in the US in a teaching or research position.

1. You are internationally recognized as being outstanding in an academic field

To qualify for an EB1B visa, you must show that you are internationally recognized as outstanding in your field. To prove this, you must satisfy at least 2 of the 6 categories listed below.

Criteria for EB1B:

• You have received major prizes or awards for outstanding achievement in your academic field;
• You are a member of associations within your academic field which require outstanding achievement to be a member;
• There is published material written by others, in professional publications, about your work in the academic field;
• You have participated, as an individual or on a panel, as a judge of the work of others in your academic field or in an allied academic field;
• You have original scientific or scholarly research contributions in your field; or
• You have authored scholarly books or articles in scholarly journals with international circulation in your academic field

If one of these criteria does not readily apply to your occupation, you may submit comparable evidence. As with EB1A, satisfying 2 criteria is the first step; USCIS then weighs all of the evidence together to decide whether you are internationally recognized as outstanding.

2. You have at least 3 years of experience teaching or conducting research in your field

To qualify for an EB1B visa, you must also show that you have at least 3 years of experience teaching or conducting research in your field, completed before the petition is filed. Experience gained while working toward an advanced degree can count only in limited circumstances, such as where you had full responsibility for the classes taught or where the research is recognized as outstanding.

3. You have a qualifying job offer in the US in a teaching or research position

To qualify for an EB1B visa, you must also show that you have an offer of employment in the United States in a qualifying position. Qualifying positions are tenured or tenure-track teaching positions, and research positions that are permanent, meaning either tenured, tenure-track, or for a term of indefinite or unlimited duration in which the researcher will ordinarily have an expectation of continued employment.

There are 3 types of employers that can make a qualifying offer:

1. A university or institution of higher education offering a teaching position;
2. A university or institution of higher education offering a research position; or
3. A private employer offering a research position, if the employer has at least 3 full-time researchers and documented accomplishments in the academic field.

See our EB1B visa guide for more details on this requirement.

EB1C Visa

i. EB1C Overview

The third category of the EB1 visa is EB1C. The EB1C visa is reserved for multinational managers and executives, and it works very differently from the EB1A and EB1B categories.

The EB1C visa allows a qualifying multinational business to sponsor a manager or executive to work permanently for a related US company. One of the primary benefits of the EB1C visa is that it does not require the US company to get a labor certification through the Department of Labor. Rather, the US company can directly offer the foreign worker a job. Like EB1B, the EB1C category requires an employer petition; you cannot self-petition.

ii. EB1C Requirements

To qualify for an EB1C visa there are 5 main requirements:

1. There must be a qualifying relationship between the foreign company and the US company

• There are 3 types of relationships that satisfy this requirement: 1. Parent/subsidiary; 2. Affiliate; or 3. Branch office.
• See our EB1C visa guide for definitions of each of these qualifying relationships.

2. The EB1C beneficiary must have worked for the foreign employer for at least 1 year within the 3 years before the petition is filed

• If the beneficiary is already in the United States working for the multinational organization, the regulation measures the 1 year of qualifying foreign employment within the 3 years preceding the beneficiary’s entry as a nonimmigrant. However, interruptions in employment or later entries can impact this calculation and requires a case-specific analysis.

3. The EB1C beneficiary must have worked for the foreign company in a managerial or executive capacity

• “Managerial capacity” and “executive capacity” are defined terms in the immigration statute, and job titles alone do not control. See our EB1C visa guide for a detailed analysis of what qualifies as a manager or executive.

4. The EB1C beneficiary must have a job offer from the US company to work in a managerial or executive capacity

• The US employer must furnish a job offer in the form of a statement indicating that the beneficiary is to be employed in the United States in a managerial or executive capacity.

Filing Process, Fees, and Premium Processing

All three EB1 categories follow the same basic two-stage process:

1. Form I-140 petition. The petitioner (you, for EB1A; the employer, for EB1B and EB1C) files Form I-140 with USCIS with evidence for the specific category.
2. Green card stage. After (or in some cases together with) the I-140, the beneficiary applies for the green card, either by filing Form I-485 (Adjustment of Status) from within the United States or through consular processing at a US embassy or consulate abroad. Form I-485 can be filed concurrently with the Form I-140 only if the beneficiary’s priority date is eligible under the Visa Bulletin chart USCIS designates for that month and all other Adjustment of Status requirements are met.

Premium processing. Premium processing is available for all three EB1 classifications on Form I-907. Under the premium processing regulation, USCIS commits to taking an adjudicative action (approval, denial, request for evidence, or notice of intent to deny) within 15 business days for EB1A and EB1B petitions and 45 business days for EB1C petitions. The current premium processing fee for Form I-140 is $2,965 as of March 1, 2026; check the live USCIS fee schedule for the fee in effect on your filing date. Please note: Premium processing accelerates review of the I-140 only; it does not speed up the adjustment of status process, and it does not guarantee approval.

Filing fees. As of April 1, 2024, the base Form I-140 filing fee is $715 (or $665 if filed online). There is also an additional Asylum Program Fee of $600 (for employers with more than 25 employees), reduced to $300 for small employers or self-petitioners and $0 for nonprofits. USCIS fees change periodically, so confirm the current amounts on the USCIS Fee Schedule (Form G-1055) before filing.

Priority Dates and Visa Availability

The EB1 visa category is subject to annual numerical limits and per-country limits based on the beneficiary’s country of chargeability. Chargeability is generally the country of birth, not nationality or citizenship, although in qualifying circumstances a principal applicant may use an accompanying spouse’s country of chargeability instead (cross-chargeability). Your priority date is generally the date USCIS receives your properly filed Form I-140, meaning a completed and signed petition with the required initial evidence and correct fee; a rejected or improperly filed submission does not secure that date.

Whether you can file Form I-485 or complete consular processing depends on the Department of State’s monthly Visa Bulletin. The Visa Bulletin has two charts, Final Action Dates and Dates for Filing, and USCIS announces each month which chart Adjustment of Status applicants must use. When the EB1 category shows “C” (current) for your country of chargeability on the applicable chart, you may proceed immediately; when a cutoff date is listed, you must wait until your priority date is earlier than the listed date. In some periods, EB1 has had cutoff dates for beneficiaries chargeable to India and China while remaining current for other countries. Always check the current Visa Bulletin and the USCIS page identifying which chart to use, because dates change monthly and can move backward (retrogress) as well as forward.

Conclusion

The EB1 visa is an immigrant visa classification that is divided into 3 separate sub-categories: 1. EB1A for people with extraordinary abilities; 2. EB1B for outstanding professors and researchers; and 3. EB1C for multinational managers and executives.

Each of these sub-categories has its own distinct requirements for approval, and only EB1A allows self-petition. All three avoid the labor certification process, which EB2 and EB3 petitions require unless a waiver applies (such as the National Interest Waiver). Actual timing depends on petition processing, visa availability, and the green card stage.

Frequently Asked Questions

• Can I file an EB1A petition while I am in the United States on a nonimmigrant visa such as H-1B or O-1?

  Yes. Filing a Form I-140 does not require you to leave the United States, and you can remain in valid nonimmigrant status while it is pending. Whether and when you can file Form I-485 depends on visa availability under the Visa Bulletin and your eligibility to adjust status.

• Can I file an EB1 petition and a National Interest Waiver (EB2 NIW) petition at the same time?

  Yes. There is no rule against having more than one immigrant petition pending in different categories, and each is decided on its own merits.

• Do I need to be in L-1A status to qualify for EB1C?

  No. L-1A status is not a prerequisite. The EB1C requirements stand on their own, although the qualifying foreign employment and the managerial or executive capacity requirements overlap with L-1A concepts.

• Does my spouse need a separate petition?

  No separate I-140 is needed for dependents. Your spouse and unmarried children under 21 apply as derivative applicants at the green card stage, each filing their own Form I-485 or immigrant visa application with a consulate. For children approaching age 21, the Child Status Protection Act may preserve eligibility in some cases.

• What happens if my EB1 petition is denied?

  Depending on the decision and jurisdiction, a motion to reopen or reconsider, an administrative appeal, or a new, better-documented petition (including in a different category such as EB2 NIW) may be available. The denial notice states which review procedures apply to your case. A denial of the I-140 does not by itself terminate a separately valid nonimmigrant status.

• Does premium processing improve my chances of approval?

  No. Premium processing only shortens the time to an adjudicative action on the I-140, which can be an approval, a denial, or a request for evidence.

Ashoori Law is a U.S. immigration law firm focused on employment-based, family-based, business, and investment immigration.

This article is general information, not legal advice; consult a licensed immigration attorney about your case.

Resources:

• EB1A Visa Guide: Everything You Need to Know About the EB1A Visa
• EB1B Visa Guide: Everything You Need to Know About the EB1B Visa
• EB1C Visa Guide: Everything You Need to Know About the EB1C Visa
• 8 CFR 204.5
• USCIS: Employment-Based Immigration: First Preference EB-1