What is an EB-1 visa?

The EB1 visa is an employment-based visa that offers permanent residency to the U.S. This visa category is designed for individuals who have demonstrated extraordinary ability.

1. Extraordinary Ability (EB1-A)
2. Outstanding Researchers and Professors (EB1-B)
3. Multinational Managers (EB1-C) aka international executives

What are the benefits of an EB1 visa?

The EB1 category stands out as one of the most prestigious types of a green card, and here’s why:

1. Speed. An EB1 visa is usually faster compared to other paths to a green card like the EB-3 PERM.
2. No need for labor certification. EB-1 cases don’t require PERM labor certification, which usually takes 2+ years.
3. Self-petition. No employer dependency. You don’t need an employer to petition for you if you apply for an EB-1A visa – instead, you can “self-petition.” In other words, you don’t need a job offer from a U.S. company.

What is the “Extraordinary Ability” EB1-A visa?

The “Extraordinary Ability” (EB1-A) visa is designed for people who demonstrate notable achievements in their field, whether it be sciences, arts, education, business, or athletics. For EB1-A visa eligibility, it’s essential to show that your work has garnered recognition and acclaim on a national or international scale, in other words you have risen to the top of your field.

EB-1 Visa Requirements

To qualify for the EB-1A visa, you will need to meet at least 3 of the 10 different EB-1 requirements. These include:

• You’ve won some significant awards
• You served in an important role for an important company
• You’re a member of groups with high standards
• You received press/media coverage for your work
• You developed something new that makes a difference in your field
• You’ve written things about your work that got published
• You’ve been asked to judge other people in your field
• You make more money than others who do what you do
• Your artistic work has been commercial success
• Your artistic work has been displayed publicly

Criteria 1: What awards count for the EB1-A visa requirements?

You don’t need to have a Nobel Prize to tick the award criteria box for the EB1 visa. But here’s the deal – not every award qualifies. You’ve got to prove to the USCIS that your award is meaningful and noteworthy. So, what kind of award will support your EB1 visa approval rate?

The U.S. Government looks at rewards based on three main aspects:

1. The organization that granted you the award and/or the judges for the competition
2. The selection criteria for the award
3. The level of competition for the award

For example, an “Employee of the Month” award from a hotel company probably won’t cut it. On the other hand, an internationally recognized award that’s all about you and your achievements could qualify.

Criteria 2: What is considered a Leading or Critical Role for the EB1-A Visa?

Another way to show you meet the EB1 requirements is by highlighting instances where important organizations have asked you to do impactful work for them. In order to check off this criteria, you will need to show that you’ve played a “leading or critical role” in an organization with a “good reputation”.

The USCIS considers factors like your organization size, how long the organization has been around, the customer base, media coverage, revenue or any rankings (e.g., Inc 5000 or Forbes). Essentially, the larger and more recognizable the organization, the better it is for your EB1 visa case.

A leading role involves being in a leadership position, holding titles like “Chief Financial Officer,” “VP of Marketing,” or “Senior Professor.” But it’s not just about the title – you should also have a team or individuals under your guidance within the organization.

A critical role means your contributions have made a substantial impact on the organization. Showcase how your work has brought positive changes, whether by enhancing efficiency, introducing innovative problem-solving approaches, or contributing to cost savings. It’s all about proving your tangible impact.

Criteria 3: What counts as a Membership in a group of high standards for the EB1-A Visa?

Another way to fulfill an EB1 visa requirement for showcasing Extraordinary Ability involves being part of work-related memberships or associations. Not every association or membership qualifies. These organizations should require real achievements from their members. Being part of such groups shows the government that other experts recognize your accomplishments in your industry.

Now, let’s make clear what types of group memberships don’t meet this EB1 visa requirement:

• Memberships based solely on education level or years of experience
• Memberships you’ve paid for as the only criteria
• Memberships required for your job, like union membership
• Memberships in groups unrelated to your work

Criteria 4: Your work was previously covered by Press or Media

To fulfill this EB-1 visa requirement, you need to showcase media coverage that recognizes your achievements. It’s ideal if this coverage comes from national or international media, rather than just local or niche outlets. You don’t necessarily have to be the sole focus, but the content should revolve around or discuss you. Also, it’s worth mentioning that having a reputable source adds significant value.

Here are some examples:

Qualifies

• New York Times review mentioning your performance in a play
• A notable social media influencer featured your accomplishments in a video with hundreds of thousands of views

Doesn’t qualify

• Media produced or paid for by your organization
• A mention from someone on social media without a significant following

Criteria 5: What are Original Contributions for the EB1-A Visa?

Your EB-1 visa eligibility can be strengthened by highlighting your meaningful contributions in your field. Whether these are groundbreaking innovations or substantial enhancements to existing products or processes, your contributions should stand out as both original and significant. Importantly, these contributions must have a direct connection to your specific area of work.

Criteria 6: What are Scholarly Materials for the EB1-A Visa?

One of the best, most straightforward ways to provide evidence of your exceptional ability is by submitting a scholarly article that you have published. Not only does it signify a substantial contribution to your field, but it’s tangible proof of your exceptional ability.

You can also show the influence of your scholarly publications in this EB-1 requirement by showing how often they are cited by others. High citation numbers or a high citation index help to show that your ideas are being used by others in their own work, and are therefore influential. This information can be gathered from places like Google Scholar.

Criteria 7: What is Judging the Work of Others for the EB1-A Visa?

Meeting the “Judge of the Work of Others” criteria is another way to demonstrate your impact and recognition within your professional field, to improve your EB1 visa eligibility.

What counts as judging?

• Judging others in a competitive setting, such as a contest, awards panel, or grants committee
• Actively participating in the review process for scientific papers, conference presentations, or similar materials

Criteria 8: What is considered a High Salary for the EB1-A Visa?

Simply put, a salary is considered “high” when it stands out in comparison to others in similar roles. This is determined by referencing data or surveys that outline standard salaries in your specific field. Websites like the Bureau of Labor Statistics (BLS) or the Department of Labor’s “Career One Stop” can be helpful for field-specific salary comparisons.

You can show evidence through pay records, tax returns, or contracts. Importantly, you don’t need to have already earned a high salary – showcasing a contract or a job offer indicating a future high salary can work. For entrepreneurs or startup founders, showing substantial funding from various sources can help make a case for high compensation.

Criteria 9: What is considered Commercial Success (Performing Arts) for the EB1-A Visa?

Commercial Success for the EB1 Visa relates to demonstrating that your work has made money. It goes beyond just producing or participating in performances – instead, it involves showcasing that your work has generated substantial revenue or sales. This can be measured by factors like number of tickets or units sold, or other relevant evidence that shows the financial impact of your contributions in the performing arts.

Criteria 10: What is a Display of Artistic Work for the EB1-A Visa?

For artists pursuing the EB1A visa, it’s essential to showcase that your work has been publicly displayed. Public display means your art is exhibited in venues open to the public, and your work is visible. Prestigious venues with broad audiences are more supportive for the EB1 visa application.

Also, it’s worth noting that the venue can also be virtual, such as a virtual museum or art gallery.

Keep in mind that meeting three of these EB1 visa requirements is just the starting point – it’s necessary, but not sufficient. Ultimately, the USCIS will look at the full picture of your professional achievements to determine if you truly stand out as “extraordinary” compared to others in your field.

If you’re unsure whether you meet the qualifications for the Extraordinary Ability category, we’re here to help! At Manifest, we can thoroughly review your evidence and provide a visa eligibility assessment – without immediate commitment to filing for your visa.

What is the “Outstanding Professor or Researcher” EB1-B visa?

The EB1-B visa is specifically designed for professors and researchers who have shown exceptional achievements in their academic or research careers. Just like the EB1-A visa category for individuals with “Extraordinary Ability,” there’s a specific set of criteria for proving your qualification as a professor or researcher who has achieved significant success.

EB1-B Visa Requirements

There are six different types of criteria you can use to meet EB1B visa requirements. For EB1B eligibility, you must meet at least 2 out of 6 requirements:

• You’ve won some significant awards
• You’re a member of groups with high standards
• You received press/media coverage for your work
• You’ve been asked to judge other people in your field
• You developed something new that makes a difference in your field
• You’ve written things about your work that got published

Criteria 1: What awards count for the EB1-B visa?

Now, let’s get into what qualifies as a “good award” for the EB1B visa for scientists and professors. When evaluating awards, USCIS pays attention to factors like tough competition and recognition from esteemed organizations. While grants or similar honors might be considered, they need to carry significant weight.

For instance, snagging a Best Paper/Presentation Award from the International Chemistry Society would be impressive, but receiving an Employee Achievement Award from a small pharma company might not hold much weight.

Criteria 2: What counts as a Membership for the EB1-B Visa?

Another way to prove you qualify as an Outstanding Researcher or Professor for the EB1B visa is by being part of work-related groups, which typically means associations. These groups should require real achievements from its members. Being in these types of groups shows the government that other experts recognize and value your contributions.

A strong membership would be something like being a Member of the National Academy of Sciences. However, membership in an athletic organization when you work as a researcher probably won’t count, since it’s not related to your work.

Criteria 3: What Press and Media Coverage can be shown for the EB1-B Visa?

To fulfill this EB1B visa requirement, showcase that your scientific or academic accomplishments have received recognition in the media. It’s better if this acknowledgment comes from national or international media, rather than just local or niche sources. This recognition could take the form of a feature in a scientific publication, high-reputation journal, or online publications.

Criteria 4: What is Judging the Work of Others for the EB1-B Visa?

For this EB1B visa requirement, you’ll need to show that you’ve been invited to judge the work of others. So, what qualifies as judging?

It can take place in competitive scenarios, such as contests, awards panels, or grants committees. Many scientists meet this criteria by conducting reviews for major scientific journals or serving on awards panels. However, activities like being the lead interviewer for departmental hiring may not be significant enough.

Criteria 5: What are Original Contributions for the EB1-B Visa?

To amp up your chances for EB1B visa eligibility, highlight any contributions considered as original and important, such as novel research findings or patents for new technologies. The key is demonstrating that your contribution holds significance and has made an impact on your field.

For example, being a lead author on a widely-cited scientific journal article that significantly influences research in your field can also be a strong indicator. Any substantial contributions can serve as compelling evidence of the impact your work has had.

Criteria 6: What are Scholarly Materials for the EB1-B Visa?

Like the EB1A visa, submitting scholarly materials is one of the most straightforward ways to meet the requirement as an Outstanding Professor or Researcher. Scientific publications are a classic example, but other types of articles may also qualify if they meet scholarly standards and have a broader readership.

Keep in mind that meeting a minimum of two of these criteria is just the starting point – it’s necessary but may not be sufficient enough to qualify as an Outstanding Professor or Researcher.

Not sure if you meet the EB1-B qualifications? Our team at Manifest can review your evidence and help you better understand your EB1-B visa eligibility.

Job Offer Requirement for EB1-B Visa

Unlike the EB1A category of “Extraordinary Ability,” an Outstanding Professor or Researcher case does require an employer sponsor. This sponsor is typically a university, though it can also be a private company, so long as they have at least three other full-time researchers on staff. It’s essential that the U.S. role offered is permanent or indefinite, such as a tenure or tenure-track position as a professor, and not a short-term role.

What is EB1-C?

Now, let’s explore the third and final EB-1 visa category: Multinational Managers and Executives, also known as EB1-C. Unlike the first two categories, this visa is less about showcasing individual excellence in your field.

Instead, the purpose of EB1C is to allow people who work as managers or executives for a company abroad to come to the U.S. to work as a manager or executive at a similar U.S. company. Think of it as a more permanent version of the temporary “L-1A” visa, offering a pathway to a green card.

Before evaluating your EB1C requirements eligibility, it’s important to make sure that the companies involved — your foreign employer abroad and the U.S. company you’re transferring to— have the right kind of corporate relationship.

What is an EB1-C “qualifying relationship”?

A qualifying corporate relationship exists when the U.S. employer is connected to the foreign company, either as the same employer or through specific relationships like parent-subsidiary, branch, or affiliate. Also, both companies must be “doing business.” Usually, you would need to submit evidence of qualifying relationships like tax returns, shareholder agreements, or board resolutions.

Qualifications for the EB1-C visa

How do I qualify as a manager for the EB1-C visa?

OK, so now that you’ve confirmed the right corporate relationship and both companies are actively engaged in business, let’s shift our focus to you.

For EB1-C visa eligibility, you’ll need to show that you’ve worked for a full year as a Manager or Executive at a foreign company. You’ll also need to show that you will continue working as a Manager or Executive in the U.S.

It’s important to note that just having a title including “manager” is not enough. USCIS has very specific definitions of what it means to be a manager or executive in this case.

Let’s make sure your role aligns with these defined terms to strengthen your EB1C case. There are two types of managers in this context: Personnel Managers and Functional Managers.

A Personnel Manager is someone who supervises and controls the work of other supervisory, professional, or managerial employees.

A Functional manager oversees a clearly defined and essential activity within the organization, such as heading the manufacturing processes in a factor.

How do I qualify as an executive for the EB1-C visa?

According to USCIS, and “Executive” is someone who:

1. Directs the management of the organization (or a major component or function of the organization);
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision making; and
4. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization

To be clear, it is not enough to have an executive title, or that some of your time is spent directing the company.

The focus is on your job duties and the overall structure of your company. Even though it’s not clearly specified, they will still want to see that there’s enough staff at the company to justify someone serving as a real Executive.

The employees (or contractors) you supervise should be performing the day-to-day operations of the company so that you are mostly just carrying out your executive function. As a result, it will be hard to justify an Executive role at a smaller company.

❗ Note: Unlike in the L-1B nonimmigrant category, the EB1C does not allow for a “specialized knowledge” multinational executive or manager.

Going from the O-1 visa to EB-1A

One of the most common questions that we hear from our clients is what is the difference between O-1 and EB-1 visa and how to transfer from O1 to EB1 visa status.

In short, O-1 visa is a non-immigrant temporary visa (3 years) and EB-1 is a permanent residency (Green Card) typically issued for 10 years. Even though, requirements for both visas are very similar, the standard for EB-1 visa is much higher and such applications receive a higher scrutiny then O-1 visa applications.

Many people choose to initially move to the US under O-1 visa status, build out their portfolio with evidence and then file a separate application for an EB1 visa green card. O-1 to EB-1 conversion is a very popular immigration paths to the US.

If you’re considering this option, check out our O-1 visa guide here.

EB-1 Processing Time

Opting for premium processing can speed up the EB1 petition decision to a quick 15 business days. Yet, the path to getting your hands on the actual green card, whether you’re going through adjustment of status or consular processing, is a more extended journey, averaging between 1.5 to 2 years.

Keep in mind that people from certain countries might find themselves dealing with even longer timelines. The ever-changing visa bulletin published by the U.S. Government each month can influence these timelines.

The EB1 visa process consists of two major steps:

1. Immigrant Visa Petition approval (Form I-140)
2. Obtaining permanent residence, or “green card” (via adjustment of status if you’re in the U.S., or consular processing if you’re outside of the US)

Let’s start with the first step:

EB-1 Visa Premium Processing

As of now, EB1 cases qualify for Premium Processing. By paying an additional USCIS filing fee of $2,850, you can expect a decision on the petition (I-140 only) within 15 business days for EB1-A and EB-1B categories, and within 45 business days for Multinational Managers/Executives.

Step 1: From I-140 petition approval by USCIS

The first step towards your EB1 visa is to file an I-140 visa petition (officially called the Petition for a Nonimmigrant Worker) with USCIS.

Once you receive the notice of approval, the next step is to consult the U.S. Department of State’s Visa Bulletin to check whether a green card is currently available.

Depending on the visa bulletin and specific circumstances, it might be possible to submit your Form I-140 and Green Card application (Form I-1485) at the same time. This is called concurrently filing for a Green Card.

Step 2: Adjustment of Status (“Green Card” application)

If applying for a Green Card from INSIDE the United States, you will need to submit Form I-485 for adjustment of status.

Form I-485 can sometimes take more than 2 years for USCIS to process the application. I-485 processing times vary depending on the service center where it is filed. If you are applying from abroad (via consular processing), you will likely wait at least another 6 months.

For the latest estimates on processing times, check out the USCIS processing times tool. If you’ve already submitted and wish to track the status of your case, you can do so on the USCIS website. Learn how to check your USCIS case status online here.

EB-1 Visa Costs

Finally, let’s talk about the cost of applying for an EB-1 visa. Essentially, there are two types of fees associated with the application: EB-1 lawyer fees and government fees + other costs.

EB-1 Lawyer Fees

When it comes to lawyer fees for the EB-1 visa, they can vary depending on who you go with. If you want a more individualized experience, we say go for a smaller law firm that specializes in EB-1 Visas.

Here at Manifest Law, our immigration lawyer fees for an EB-1 visa start at $8,995. The exact fee depends on the package you pick and how much money-back guarantee you’re looking for. We’re here to make the EB1 process smooth and tailored just for you.

EB-1 Visa Filing Fees

Here’s a quick overview of the current filing fees for the EB-1 visa (keep in mind, these fees can change). Always check USCIS’s official fee schedule for the most up-to-date fees.

Do I need to hire an EB-1 visa lawyer?

The EB1 visa process is complex, unpredictable, and requires strong recommendation letters and well-crafted documentation. Many applicants seek legal help to improve their chances.

Navigating the EB1 process can be complicated, and the stakes are high. With tons of government forms and a hefty stack of supporting documents, it can get overwhelming. Having an experienced EB1 lawyer on your side to navigate the strategy and paperwork ensures you’re putting forward the strongest case.

Manifest Law hires only experienced immigration lawyers with 10+ years of experience and offers flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply).