EB1 Green Card Explained (Types, Eligibility Criteria, and More)

Imagine skipping the visa line, breezing past bureaucratic hurdles, and acquiring a Green Card faster than most people can update their resumes. If you’re at the top of your game—whether you’re revolutionizing technology, leading a multinational company, or breaking the norm in the arts—the EB1 Green Card is your fast lane to permanent residency in the US.

Consider it the red carpet of immigration, reserved for the best of the best.

But here’s the real kicker: you don’t need a job offer (in many cases) and no cumbersome labor certification. Even better, chances are you can get priority processing and a front-of-the-line seat, especially if you’re from a country where Green Card wait times typically stretch for years.

- You’re in control of your own immigration destiny.

- You’re granted much shorter wait times than other employment-based Green Cards.

- You can prove you’re a global leader in the field—and the US needs you.

All in all, this category is reserved for the cream of the pie—think Nobel prize winners, groundbreaking researchers, top executives, and world-class athletes.

This guide breaks down everything you need to know about the EB1 Green Card—what it is, who qualifies, and how to position yourself for success.

What is the EB1 Green Card?

The EB1 Green Card is part of the 1st preference employment-based immigration category, reserved for individuals who’ve reached the pinnacle of their professional field.

Unlike other employment-based visas (like EB2 or EB3), which may require a job offer or labor certification, many EB1 applicants can self-petition. This means you don’t need a US employer to sponsor you. It’s essentially a path for those who are extraordinary at what they do.

Here are the three main categories within the EB1 Green Card pathway:

1. EB-1A: For individuals with extraordinary ability in sciences, arts, education, business, or athletics.

2. EB-1B: For outstanding professors and researchers.

3. EB-1C: For multinational executives and managers.

Breaking Down EB1 Categories

Here are some insights on all three EB1 categories to help you better understand what they entail:

1. EB-1A: Extraordinary Ability

This Green Card route requires a self-petition and no job offer to apply. To qualify, you must show sustained national or international acclaim and prove how your work benefits the US. You can meet this criteria either by winning a major internationally recognized award (Nobel Prize, Oscar, Olympic medal, etc.) or by meeting at least three of the following criteria:

● Receipt of lesser nationally or internationally recognized awards

● Membership in associations that demand outstanding achievements

● Published material about your work in major media or professional publications

● Judging the work of others in your field

● Significant contributions to your field

● Authorship of scholarly articles in your field

● Artistic exhibitions or showcases (if you’re in the arts)

● Leading or critical role in distinguished organizations

● High salary or remuneration compared to others in your field

● Commercial success in the performing arts

Note that the EB1 is all about evidence. You need to show you’ve achieved noteworthy professional success and that you’re at the forefront of your industry. If the USCIS is convinced of these credentials, you’re in.

2. EB-1B: Outstanding Professors and Researchers

The EB-1B is geared toward academics and researchers who are internationally recognized in their field and have made considerable high-level contributions to their discipline. Unlike the EB-1A, this category requires employer sponsorship, meaning you need a job from a US institution or company.

You need at least three years of teaching or research experience, and your US employer must offer you a tenure-track teaching or comparable research position. Additionally, you must meet a minimum of two of these criteria:

● Major awards or prizes

● Membership in associations that require outstanding achievement

● Published material in professional publications about your work

● Participation as a judge of others’ work

● Original contributions to your academic field

● Authorship of scholarly articles or books

Note that besides presenting your achievements, you must also show how your teaching or research continues to make a meaningful impact in your field within the US context.

Read More: Discover all the types of employment-based immigration options the US offers.

3. EB-1C: Multinational Executives and Managers

This category is reserved for high-level executives and managers who’ve worked for a multinational company for at least one year in the past three years. Also, your US employer must petition on your behalf, and you must be transferred to a similar managerial or executive position. Not to forget, the US company must be a parent, affiliate, or subsidiary of the overseas company.

Keep in mind that this visa is especially popular among global corporations looking to relocate top-level talent to the US.

Brief Guide to the EB1 Green Card Application Process

Now that you’re familiar with the EB1 categories let’s briefly assess the process of applying for an EB1 Green Card:

File Form I-140 (Immigrant Petition for Alien Worker)

This petition demonstrates to the government that you meet the qualifications for one of the EB1 categories. If you’re applying under EB-1A, file this form yourself. For EB-1B and EB-1C, your US employer must sponsor your petition.

Gather Supporting Documentation

You’re going to need a strong supporting document set to prove your eligibility. This might include awards and recognitions, memberships in prestigious organizations, publications about your work, recommendation letters from experts in your field, and contracts that underscore your executive or managerial role’s duties.

Wait for USCIS to Process the Petition

Once submitted, the USCIS will review your petition and supporting evidence. In case your documentation isn’t substantial or convincing, the officer may issue a Request for Evidence (RFE). This RFE is your second and final chance to clarify or submit additional documentation.

Apply for Adjustment of Status or Consular Processing

Once the USCIS approves your I-140 petition, you’ll apply for Adjustment of Status (if already in the US) by submitting Form I-485. If not, you can go through consular processing from the country where you are residing.

And if your adjustment of status is approved, you’ll receive your Green Card and become an official permanent resident of the US.

Verdict

Top-tier professionals whose work has gained national or international recognition must be aware of a few common mistakes in their EB1 Green Card application.

From failing to meet the strict criteria to providing insufficient hard evidence like press articles or LORs, you must ensure to showcase your work’s long-term impact to the US.