EB-1 Visa Lawyer NYC
The EB-1 visa is the employment-based first preference immigrant category, providing a path to permanent residence for individuals with extraordinary ability, outstanding researchers and professors, and multinational executives and managers.
Unlike many employment-based green card categories, EB-1 petitions do not require labor certification, and certain applicants may self-petition.
Working with an experienced immigration attorney is critical when preparing an EB-1 green card petition, as evidentiary standards are high and documentation must be strategically organized.
What Is the EB-1 Visa?
The EB-1 visa is an employment-based immigrant visa category divided into three subcategories:
- EB-1A: Extraordinary Ability
- EB-1B: Outstanding Professors and Researchers
- EB-1C: Multinational Managers and Executives
Each subcategory has distinct eligibility criteria and evidentiary requirements.
EB-1 Visa Requirements
EB-1 eligibility depends on the specific subcategory.
While labor certification is not required, applicants must present substantial documentary evidence demonstrating that they meet the regulatory standards for their category.
EB-1A: Extraordinary Ability
The EB-1A category is available to individuals who have risen to the very top of their field and can demonstrate sustained national or international acclaim.
Applicants must show either:
- A major internationally recognized award, or
- At least three regulatory criteria demonstrating extraordinary ability.
The EB-1A category allows self-sponsorship if the applicant can demonstrate they will continue working in their field in the United States.
For additional guidance on evidentiary strategy, see our discussion on building your case for extraordinary ability.
Applicants facing Requests for Evidence may also review our article on responding to Requests for Evidence in extraordinary ability cases.
EB-1B: Outstanding Professors and Researchers
EB-1B applies to professors and researchers whose work has had significant academic or scientific influence.
This category requires:
- An indefinite job offer from a U.S. employer
- Evidence of international recognition
- At least two regulatory criteria
Qualifying employers include institutions of higher education and certain research institutions employing at least three full-time research staff.
EB-1C: Multinational Managers and Executives
EB-1C is available to multinational executives and managers transferring to a related U.S. entity.
Applicants must demonstrate:
- A qualifying corporate relationship between U.S. and foreign entities
- At least one year of qualifying managerial or executive experience abroad within the past three years
- A permanent, full-time executive or managerial role in the U.S.
This classification is often pursued by workers who already hold L-1A nonimmigrant status, but that is not a prerequisite.
EB-1 vs Other Employment-Based Green Cards
Applicants may also evaluate alternative employment-based green card categories depending on their qualifications, and may pursue more than one path at a time.
Other employment-based categories include:
Choosing the appropriate category requires careful evaluation of qualifications, employer structure, and long-term strategy.
EB-1 Visa Processing and Strategy
EB-1 petitions are subject to immigrant visa number availability and priority date considerations. Processing times vary based on USCIS workload and country of chargeability.
Strategic preparation is critical to minimize delays and Requests for Evidence.
Contact NYC EB-1 Visa Lawyer Karin Wolman
If you are considering pursuing an EB-1 green card, contact Karin Wolman to evaluate eligibility and develop a strategy aligned with your professional achievements and long-term goals.
Frequently Asked Questions
What is an EB-1 visa?
The EB-1 visa is the employment-based first preference immigrant category that provides a path to permanent residence for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers.
What are the EB-1 visa requirements?
EB-1 visa requirements vary by subcategory. Applicants must demonstrate substantial evidence of extraordinary ability, international recognition in academia or research, or qualifying multinational executive or managerial experience. Labor certification is not required.
Can I self-petition for an EB-1 green card?
Yes, but only under the EB-1A extraordinary ability category. EB-1B and EB-1C petitions require a qualifying U.S. employer sponsor.
What is the difference between EB-1A, EB-1B, and EB-1C?
EB-1A applies to individuals with extraordinary ability who may self-petition. EB-1B is for outstanding professors and researchers with a permanent job offer. EB-1C is for multinational managers and executives sponsored by a U.S. entity that is part of the same multinational group where they were employed abroad.
How long does EB-1 processing take?
Processing times vary depending on USCIS workload and visa number availability. Premium processing is available for certain EB-1 categories. Priority dates and country of chargeability may affect overall timelines.
What is the difference between an EB-1 visa and an O-1 visa?
The O-1 visa is a temporary nonimmigrant work visa for individuals with extraordinary ability, and does not allow individual self-sponsorship. The EB-1 visa is an immigrant category that leads to permanent residence. While eligibility standards are similar for EB-1A and O-1A, the evidentiary burden for EB-1A is typically higher; the burden for EB-1A is much higher than for O-1B visas in the arts.