What are the three EB-1 categories?

  • EB-1A: extraordinary ability in the sciences, arts, education, business, or athletics, shown by sustained national or international acclaim. You do not need a job offer.
  • EB-1B: international recognition as an outstanding professor or researcher in an academic field. You need a job offer from a U.S. employer.
  • EB-1C: an executive or manager of a multinational company. The U.S. employer must have a qualifying relationship with the company that employed you abroad.

EB-1A: extraordinary ability

Extraordinary ability means a level of expertise that puts you among the small percentage at the very top of your field. You prove it with a one-time major international award, such as a Pulitzer, an Oscar, or an Olympic medal. You can also prove it with at least 3 of these 10 criteria:

  • Lesser national or international prizes or awards for excellence
  • Membership in associations that require outstanding achievements
  • Published material about you in professional, major trade, or other major media
  • Judging the work of others, alone or on a panel
  • Original contributions of major significance to the field
  • Authorship of scholarly articles in professional, major trade, or other major media
  • Display of your work at artistic exhibitions or showcases
  • A lead or critical role for organizations with a distinguished reputation
  • A high salary or other significantly high pay compared with others in the field
  • Commercial success in the performing arts

How does USCIS decide an EB-1A petition?

If a criterion does not readily apply to your occupation, you can submit comparable evidence. The officer then reviews the case in two steps. Step 1 decides which evidence meets the criteria. Step 2 weighs all the evidence together in a final merits determination.

Three criteria alone do not make you eligible. You also need clear evidence that you will continue work in your field in the United States. Examples are contracts, offer letters, or a detailed statement of plans.

EB-1B: outstanding professors and researchers

You need international recognition for outstanding achievements in an academic field and at least 3 years of experience in teaching or research in that field. A U.S. employer must offer you one of these positions: a tenured or tenure-track teaching position, or a permanent research position.

The employer can be a U.S. university or institution of higher education. It can also be a private employer that employs at least 3 full-time researchers and shows documented accomplishments in the field. You need at least 2 of these 6 criteria:

  • Major prizes or awards for outstanding achievement
  • Membership in associations that require outstanding achievement
  • Published material by others about your work in professional publications
  • Judging the work of others in the same or an allied academic field
  • Original scientific or scholarly research contributions
  • Scholarly books or articles in journals with international circulation

EB-1C: multinational executives and managers

You need at least 1 year of work abroad as an executive or manager in the 3 years before the petition. That work must be for the company, or for its affiliate or subsidiary. If you already work in the United States for that employer, count the 3 years before your last nonimmigrant admission.

The U.S. employer must show that it did business for at least 1 year and has a qualifying relationship with the company abroad. It must also plan to employ you as an executive or manager. Doing business means the regular, systematic, and continuous provision of goods or services, not only the presence of an agent or office.

An executive mainly directs the organization or a major function, sets its goals and policies, and has wide discretion. A manager mainly manages the organization, a department, or a function, and supervises professional or managerial staff or manages an essential function.

Who files, and what must the employer prove?

In EB-1A, you or anyone on your behalf can file Form I-140. In EB-1B and EB-1C, the U.S. employer files it. The employer must prove its ability to pay the offered wage from the priority date until you get permanent residence. Evidence includes annual reports, federal tax returns, or audited financial statements.

What does EB-1 cost, and how long does it take?

These USCIS fees apply as of October 2026, from Form G-1055 (edition 10/16/26). The schedule lists no H.R. 1 (Pub. L. 119-21) fee for Form I-140. Processing times vary, so check the USCIS processing times tool.

With premium processing, USCIS acts within 15 business days on an EB-1A or EB-1B petition, and within 45 business days on an EB-1C petition. If USCIS misses that period, it refunds the premium fee.

  • Form I-140: $715 by mail or $665 online
  • Asylum Program Fee: $600 for an employer, $300 for a small employer or a self-petitioner, and $0 for a nonprofit
  • Form I-907 premium processing: $2,965
  • Form I-485 for an applicant over age 14: $1,440 by mail or $1,390 online

When can you get the green card?

Your priority date is the date USCIS properly receives your complete Form I-140. You get the green card only when the Visa Bulletin shows a visa available for your category and country.

If you are in the United States and a visa is immediately available, you can file Form I-485 with Form I-140 or later. If you are abroad, USCIS sends the approved petition to the National Visa Center for consular processing. Your spouse and unmarried children under 21 can apply as derivatives.

What changed in 2025 and 2026?

These points are current as of October 28, 2026. Several are in litigation and can change. Get a case-specific review before you file or travel.

  • Proclamation 10998 took effect on January 1, 2026. It suspends immigrant visas for nationals of 39 countries, including Venezuela, Cuba, and Haiti. It covers people who were outside the United States without a valid visa on that date. Few exceptions apply, for example dual nationals who use the passport of a country not on the list.
  • USCIS hold memos PM-602-0192 and PM-602-0194 put holds on pending cases of nationals of those countries. Federal courts vacated them in June 2026 and enjoined them in August 2026. USCIS says it will follow the orders pending possible further review.
  • The State Department paused immigrant visas for nationals of 75 countries, including Colombia. A court order ended that pause on August 21, 2026.
  • Under an August 5, 2026 USCIS policy update, officers may deny a case without a request for evidence if initial evidence does not show eligibility. Officers can also set a response time shorter than the 12-week maximum.
  • For filings on or after September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485. It follows a new public charge rule.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. The firm reviews which EB-1 category fits your record or your company, and builds the evidence plan. It prepares Form I-140 and the Form I-485 or consular filings. It also answers requests for evidence and prepares you for interviews, in English or Spanish.

Step by step

  1. Choose the category

    Compare your record with EB-1A, EB-1B, and EB-1C, and with EB-2 if none fits.

  2. Collect the evidence

    Gather awards, publications, letters, and pay records, or the job offer, experience letters, and company records.

  3. File Form I-140

    File with the correct fees. If you want premium processing, add Form I-907 and file by mail.

  4. Answer USCIS notices

    If USCIS sends a request for evidence or a notice of intent to deny, answer by the deadline.

  5. Watch your priority date

    Check the monthly Visa Bulletin for your category and country.

  6. Apply for the green card

    File Form I-485 in the United States or complete consular processing abroad.

Frequent questions

Do I need a job offer for an EB-1 green card?

Not in EB-1A: you can file for yourself, with evidence that you will continue work in your field. EB-1B needs a job offer from a U.S. employer, and in EB-1C the U.S. employer files.

Are three criteria enough for EB-1A?

No. Meeting three criteria is step 1. In step 2, USCIS looks at all the evidence to decide if you show sustained acclaim and rank at the very top of your field.

How fast is premium processing for EB-1?

USCIS acts within 15 business days on an EB-1A or EB-1B petition. For an EB-1C petition, the period is 45 business days. If USCIS misses the period, it refunds the fee, and the green card still depends on visa availability.

Can my family get green cards through my EB-1?

Yes. Your spouse and unmarried children under 21 can apply as derivatives in your case.

Related

Official sources