What is the difference between EB-1A, EB-1B, and EB-1C?

EB-1A is for people with extraordinary ability who can self petition, with no employer needed. EB-1B is for outstanding professors and researchers with a permanent academic or research job offer, filed by the employer. EB-1C is for managers and executives transferring to a related US company after at least 1 year working abroad, also filed by the employer. All three skip labour certification.

Can I self petition for the EB-1?

Only under EB-1A. It is the sole EB-1 category that lets you file Form I-140 for yourself, with no job offer or employer sponsor. EB-1B and EB-1C both need an employer to file on your behalf.

What is the 3 of 10 test for EB-1A?

Under 8 CFR 204.5(h)(3), you show one major, one time achievement, such as a Nobel Prize, or you meet at least 3 of 10 listed criteria covering awards, memberships, media coverage, judging others' work, original contributions, scholarly articles, exhibitions, a leading role, high salary, or commercial success. USCIS then applies a further holistic review of the evidence as a whole, so meeting 3 criteria is a starting point, not a guarantee.

Does the EB-1 skip labour certification?

Yes, across all three categories. None of EB-1A, EB-1B, or EB-1C requires PERM labour certification, which is the step that typically adds 12 to 24 months or more to an EB-2 or EB-3 case without a waiver.

How much does the EB-1 cost?

The Form I-140 base fee is $715 across all EB-1 categories. A supplemental Asylum Program Fee applies on top, generally $600 for employer filed petitions and a reduced $300 for EB-1A self petitioners, with further reductions for small employers and nonprofits. Optional premium processing was priced at $2,965 from 1 March 2026. These figures change, so confirm current amounts with USCIS before filing.

How long does EB-1 processing take?

Standard I-140 processing for EB-1A is commonly reported at around 6 to 12 months, though this varies by service centre and case. Premium processing brings a decision within 15 business days for EB-1A and EB-1B, or 45 business days for EB-1C. Check the live USCIS Case Processing Times tool for current figures rather than relying on a fixed number.

Do I need to wait for a priority date to become current?

Yes, for most applicants. Once your I-140 is approved, you can only move to the green card stage once your priority date is current for your country of birth on the monthly Visa Bulletin. Most countries are typically current or near current for EB-1, but applicants born in India or China can face a wait of several years. Check the current bulletin at travel.state.gov for your specific position.

Is EB-1A the same as the O-1 visa?

No. The O-1 is a temporary, nonimmigrant work visa, not a green card, and it does not by itself lead to permanent residency or citizenship. It has similar evidentiary logic to EB-1A and no country backlog, so people sometimes use it as a bridge while building an EB-1A or EB-2 NIW case, but it must be renewed and is not a substitute for the EB-1 green card. See the full breakdown on the eMigr8 US O-1 visa page.

Should I apply for EB-1A or the EB-2 NIW?

It depends on your evidence. The EB-2 NIW generally has a lower evidentiary bar, built around an advanced degree or exceptional ability plus a national interest test, but its priority date backlogs can be longer than EB-1's for the same country. EB-1A demands a higher standard of proof, being genuinely at the top of your field, but often clears faster once approved for most countries of birth. Many applicants weigh both routes before choosing; the eMigr8 US EB-2 NIW visa page covers that route in full.

Can my family come with me on an EB-1 green card?

Yes. A legally married spouse and unmarried children under 21 qualify for permanent residency alongside you as derivatives. Your spouse can apply for a work permit and then work for any US employer, and children can study. Each family member pays their own fees.

Does the EB-1 lead to US citizenship?

Yes. Approval gives you lawful permanent residency straight away, and you can apply to naturalise after 5 years as a permanent resident, or 3 years if you are married to a US citizen, subject to the usual presence, character, and civics and English test requirements.

Does eMigr8 give legal or immigration advice?

No. We give coaching, profile review, and guidance to help you prepare and choose the right EB-1 category. We do not give legal advice or immigration consultation. For the petition itself and legal questions, we can connect you with immigration professionals in our network.

US EB-1 Visa: Extraordinary Ability Green Card

The EB-1 is the top tier of the US employment based green card system, split across three routes: EB-1A extraordinary ability, which you can self petition with no employer, EB-1B outstanding professors and researchers, and EB-1C multinational managers and executives. All three skip PERM labour certification.

Who it is for

Researchers, founders, executives and senior specialists with a sustained record of recognition, tenured or tenure track professors with a permanent role lined up, and managers or executives transferring to a US office of a company they already work for abroad.

How eMigr8 helps

A category fit and evidence audit across all three EB-1 routes, a concrete gap plan for your evidence, and coaching through to introductions with immigration attorneys in our partner network. eMigr8 provides coaching and guidance, not legal advice or immigration consultation.

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