EB-1 priority workers
Green cards for people with extraordinary ability, outstanding professors and researchers, and multinational managers and executives.
Overview
EB-1 is the first-preference employment-based green card. It is for people who have risen to the highest level of their field, outstanding professors and researchers, and multinational managers and executives. EB-1 does not require PERM labor certification.
There are three types. EB-1A (extraordinary ability) lets a person file for themselves without a job offer. EB-1B (outstanding professors and researchers) and EB-1C (multinational managers and executives) need a U.S. employer to file.
EB-1 is often faster than EB-2 or EB-3. But for people born in mainland China, there is still a wait for a green card number after approval.
Who qualifies
- EB-1A: show sustained national or international acclaim, either through a major one-time award or by meeting at least 3 of 10 listed criteria.
- The 10 EB-1A criteria are: lesser awards, selective memberships, published material about you, judging others’ work, original contributions of major significance, scholarly articles, display at exhibitions, a critical role for a distinguished organization, high salary, and commercial success in the performing arts.
- Meeting 3 criteria is only step one. USCIS then weighs all evidence in a ‘final merits’ review to decide if you are among the small percentage who have risen to the very peak of your field.
- EB-1A applicants must plan to keep working in their field in the U.S. and show that their work will substantially benefit the U.S.
- EB-1B: international recognition as outstanding in an academic area, at least 3 years of teaching or research, 2 of 6 criteria, and a qualifying permanent research or tenure-track job offer.
- EB-1C: employment abroad as a manager or executive for at least 1 of the 3 years before the petition (or before entry as a nonimmigrant), with a related company, and a U.S. employer doing business for at least 1 year.
- Premium processing is available for EB-1 petitions: 15 business days for EB-1A and EB-1B and 45 business days for EB-1C.
At a glance
What it is
- First-preference employment-based green card
- EB-1A may be self-petitioned without an employer
- EB-1C follows from multinational management roles
Who it fits
- Researchers, artists, athletes and business leaders with sustained acclaim
- Multinational managers and executives
How we help
- Evidence strategy against the regulatory criteria
- Petition drafting and expert letters
- RFE responses and adjustment of status
- Review your record against the EB-1A, EB-1B or EB-1C standards
- Build an evidence plan and help identify independent letter writers
How the process works
Evaluate the record
Match your achievements to the criteria and identify gaps.
Collect evidence and letters
Gather awards, publications, citations, media and letters from independent experts who can explain your impact.
Timing: Often several weeks to months
File the immigrant petition
File the I-140 with a legal brief that ties each piece of evidence to the rules.
Form: I-140Timing: Premium processing 15 business days (EB-1A/B) or 45 business days (EB-1C)
Check the Visa Bulletin
Your priority date is the I-140 filing date. You may move forward when it is current under the chart USCIS allows that month.
Timing: China-born EB-1 applicants face a backlog
Adjust status or consular process
File the green card application in the U.S., or apply for an immigrant visa abroad. Concurrent filing with the I-140 is allowed when a date is current.
Form: I-485 (with I-765, I-131) or DS-260
Documents to gather
- Awards and prizes, with the criteria and number of winners
- Membership records showing selective admission standards
- Articles about you in major media or trade publications
- Your publications and citation records
- Records of peer review or judging
- Patents, licenses, product records or evidence of commercial use of your work
- Letters from independent experts
- Salary records compared with others in the field
- For EB-1C: corporate relationship and foreign and U.S. organization charts
- For EB-1B: job offer showing a permanent research or tenure-track position
Common problems to avoid
- Counting criteria without showing how the evidence proves acclaim at the highest level in the final merits review.
- Relying mostly on letters from close colleagues instead of independent sources.
- Listing citations or reviews without context on how they compare to others in the field.
- Not showing a plan to keep working in the same field in the U.S.
- Filing an EB-1C case where the U.S. role is really hands-on work rather than management.
- Assuming EB-1 means no wait; China-born applicants still face a backlog.
What has changed lately
In the September 2026 Visa Bulletin, the EB-1 final action date for China-born applicants was July 1, 2023, while most other countries were current. Check the latest bulletin and USCIS chart choice each month.
The premium processing fee for Form I-140 rose to $2,965 on March 1, 2026.
Since August 5, 2026, USCIS officers may deny a filing without first sending a Request for Evidence if required evidence is missing, which makes a complete first filing more important.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Do I need a job offer for EB-1A?
No. You may file for yourself. You must show you plan to keep working in your field in the U.S.
Is meeting 3 criteria enough?
Not by itself. USCIS first checks whether you meet at least 3 criteria. It then looks at all the evidence together to decide whether you have sustained acclaim and are among the small group at the very peak of your field.
What is the difference between EB-1A and the EB-2 NIW?
EB-1A has a higher standard of sustained acclaim, but often a shorter green card wait. The NIW requires an advanced degree or exceptional ability and a showing that waiving the job offer serves the national interest. Some people file both.
How long is the wait for China-born applicants?
It depends on the monthly Visa Bulletin. In September 2026, the EB-1 China final action date was July 1, 2023. Dates can move forward or backward.
Can I file the green card application at the same time as the I-140?
Yes, if you are in the U.S. and your priority date will be current under the chart USCIS uses that month. Otherwise, you file the I-485 later.
Can a small company file EB-1C?
Yes, if it has been doing business in the U.S. for at least one year, has a qualifying relationship with the foreign company, and the role is truly managerial or executive.
- USCIS: Employment-Based Immigration: First Preference EB-1
- USCIS Policy Manual, Volume 6, Part F, Chapter 2 (Extraordinary Ability)
- eCFR: 8 CFR 204.5 (employment-based immigrant petitions)
- USCIS: How Do I Request Premium Processing?
- U.S. Department of State: Visa Bulletin
- Federal Register: Adjustment to Premium Processing Fees (Jan. 12, 2026)
- USCIS Policy Alert: Evidentiary Standards (Aug. 5, 2026)
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.