EB-1: Extraordinary Ability Green Card

Requirements for EB-1A Extraordinary Ability:

To qualify for EB-1A, an applicant must either show a one-time major internationally recognized award, such as the Nobel Prize, Oscar, or Grammy award, OR, an applicant can show evidence of meeting three out of the ten listed criteria in order to demonstrate national or international acclaim:

1. Receipt of a lesser nationally or internationally recognized award;

2. Membership in associations in the field which demand outstanding achievement of their members;

3. Published materials about the applicant in professional or major trade publications or major media evidence;

   • (may submit evidence of news report and articles written of the foreign nationals to support the major media evidence);

4. Judged the work of others, either individually or as part of a committee or panel;

5. Original scientific, scholarly, artistic, or business contributions of major significant to the field;

6. Authorship of scholarly articles in professional or major trade publications;

7. Work has been displayed at artistic exhibitions or showcases;

8. Performance of a leading or critical role in distinguished organizations;

   • (May submit expert opinion letters to support the distinguished organizations evidence);

9. Command a higher salary compared to others in the field;

10. Commercial success in the performing arts;

Requirements for EB-1B Outstanding Professors or Researchers:

To qualify for EB-1B outstanding professors or researchers, you must have at least three years of experience in teaching or research in your particular academic field, be on a tenure tracking teaching, and must demonstrate international acclaim for outstanding accomplishments in your academic field. Additionally, you will need to fulfill at least two of the six criteria set by the USCIS and provide evidence of a job offer from a U.S. employer. The criteria include:

1. Evidence of receipt of major prizes or awards for outstanding achievement

2. Evidence of membership in associations that require their members to demonstrate outstanding achievement

3. Evidence of published material in professional publications written by others about your the applicant’s work in the academic field

4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or related academic field

5. Evidence of original scientific or scholarly research contributions in the field

6. Evidence of authorship of scholarly books or articles in the field (in scholarly journals with international circulation)

Requirements for EB-1C Multinational Executives or Managers:

If you are planning to work in the U.S. in a multinational corporation at a managerial or executive capacity, the EB-1C visa might be the right choice for you. The EB-1C visa requires that you have been employed outside the United States for a minimum of 1 year in the past 3 years immediately prior to the visa application. In addition, the employer that’s sponsoring the EB-1C visa must have been doing business for at least 1 year, and have a qualifying relationship with the company where you worked abroad (e.g. affiliate or subsidiary relationship), and you must work in a managerial or executive capacity.

What is the Application Process for the EB-1 Visa?

• EB-1A Extraordinary Ability:

  • You may apply by filing a Form I-140, Petition for Alien Worker.

• EB-1B Outstanding Professors and Researchers:

  • Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

• EB-1C Multinational Manager or Executive:

  • Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

How long does it take to get the EB-1 visa approved?

EB-1 green card can be processed for as fast as 15 days with premium processing.

If you choose regular processing, I-140 may be approved much longer depending on the processing center. As of March 2023, the processing times for I-140 regular processing are as follows:

Nebraska Service Center:

20 months

Texas Service Center:

22 months