EB-1 Visa Guide 2025: From Criteria to Approval

What Is the EB-1 Visa?

Overview & Benefits

The EB-1 visa is a U.S. employment-based green card designed for individuals with extraordinary talent or leadership in their field. It offers one of the fastest paths to permanent residence. Often called the visa for the “top 1% of professionals,” the EB-1 avoids the labor certification (PERM) requirement and allows premium processing for faster approvals.

Key Benefits:

  • No PERM labor certification required
  • Premium processing available (Form I-907)
  • Usually current in the Visa Bulletin, minimizing wait times

Comparison to EB-2 & EB-3

Feature EB-1 EB-2 EB-3
Eligibility Top 1% of talent Advanced degree or exceptional ability Skilled workers or professionals
PERM Required? No Yes Yes
Backlogs Often current Often backlogged Usually backlogged
Job Offer Required Not always (EB-1A) Yes Yes
Evidence Needed Awards, publications, leadership Degrees, job offer Experience, job offer

eb-1 visa types guide

 

EB-1A: Extraordinary Ability

Eligibility Criteria (8 C.F.R. § 204.5(h))

To qualify under EB-1A, you must show “sustained national or international acclaim” by meeting at least 3 out of 10 listed criteria:

  • Lesser nationally or internationally recognized awards
  • Membership in associations requiring outstanding achievement
  • Published material about you
  • Judging the work of others
  • Original contributions of major significance
  • Authorship of scholarly articles
  • Artistic exhibitions or showcases
  • Leading role in distinguished organizations
  • High salary compared to others in your field
  • Commercial success in performing arts

“I was the first in my field to…”

Required Evidence

  • Primary: Evidence directly linked to criteria (e.g. award letters, publications)
  • Comparable: Expert opinion letters, citation summaries

Note: You must include at least 3 types of evidence.

No Job Offer Exception

Self-petitioning is allowed. An employer sponsor is not required for EB-1A. Tip: Use a strong expert letter to substitute for employer attestation.

EB-1B: Outstanding Professors & Researchers

Academic Tenure Requirement

Requires:

  • A job offer for a permanent (tenure-track) position
  • At least 3 years of teaching or research experience

Example: An associate professor with 5 years and published research qualifies.

Evidence: Publications & Citations

  • H-index and citation counts are often used
  • Types of publications (peer-reviewed journals > local magazines)

See EB-1 FAQs Below.

EB-1C: Multinational Executives & Managers

One-Year Overseas Employment

To qualify:

  • You must have worked for the overseas company for at least one year in the past 3 years
  • The company must have a qualifying U.S. affiliate or branch

Managerial vs. Executive Role

  • Must supervise professionals or departments
  • Must make decisions with minimal oversight
  • Must manage essential functions

Example: Director supervising finance, HR, and R&D departments

Filing Process & Timeline

Preparing Form I-140

  1. Gather documents: award letters, CV, employer letter
  2. Complete Form I-140
  3. Add Form I-907 (for premium processing)
  4. Include translations and certified copies
  5. Submit to USCIS

Premium Processing Option

  • Submit Form I-907 with an additional fee ($2,805 in 2025)
  • USCIS will issue a decision in 15 calendar days

Adjustment of Status vs. Consular Processing

Feature AOS (Form I-485) Consular (Form DS-260)
Location U.S.-based Abroad
Work Permit Optional EAD Not available pre-visa
Advance Travel Advance Parole available Must wait for immigrant visa
Risk Safer for overstays May trigger bars
Speed Often slower Often faster

More at Green Card Category Chart

Expert Tips for Success

Crafting the Narrative

Tell a compelling story: connect your achievements with immigration law criteria. Avoid Requests for Evidence by addressing criterion #3 upfront.

Avoiding Common Requests for Evidence (RFEs)

Top 5 RFE triggers:

  1. Unclear job roles
  2. Weak expert letters
  3. Missing citation proof
  4. Vague awards
  5. Lack of U.S. impact

Tip: LGI includes RFE-proof summaries in all filings.

Working with an EB-1 Green Card Attorney

At Law Group International, our process includes:

  • Evidence Mapping: Align your documents with USCIS criteria
  • Narrative Strategy: Craft compelling success stories
  • Rapid Filing: Premium processing and full petition support

Frequently Asked Questions

  • How long does an EB-1 take?
      • With premium processing: 2 weeks for I-140; 6–12 months for AOS/consular
  • Is a job offer required?
      • No for EB-1A; yes for EB-1B and EB-1C
  • What does EB-1 provide?
    • A green card for top talent and their families

Choose the EB-1 Path with Confidence

Whether you’re an award-winning scientist, tenured professor, or global executive, the EB-1 visa offers a strategic route to U.S. permanent residence. With fewer wait times and no labor certification, it’s built for top performers ready to live and work in the U.S.

At Law Group International, we combine legal precision with personalized strategy, guiding high-achieving professionals from eligibility to green card approval.

Schedule a Consultation Now to begin your EB-1 journey today.

EB-1 Visa Green Cards