EB-1: Requirements, Form I-140, and Visa Steps

The EB-1 visa is the first employment-based immigration preference and is a direct path to a green card. It brings together three profiles defined by the U.S. government: individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. This guide explains what each category requires, which forms are part of the process, and the official sequence of steps, based on what USCIS and the federal regulation 8 CFR 204.5 describe.

What is the EB-1 visa?

The EB-1 is a permanent residence category for workers. According to 8 CFR 204.5, it is divided into three groups: EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers), and EB-1C (multinational executives and managers). All three use the same petition form, Form I-140, Immigrant Petition for Alien Workers. What changes between them are the evidentiary requirements and who can file the petition.

Who qualifies under extraordinary ability (EB-1A)?

Extraordinary ability is, in the words of the regulation, "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor" (8 CFR 204.5(h)). The field can be science, art, education, business, or athletics.

There are two paths of proof. The first is a one-time, internationally recognized award — a world-level honor, such as the Nobel Prize. The second, when no such award exists, is to meet at least three of ten criteria listed in 8 CFR 204.5(h)(3):

Lesser nationally or internationally recognized prizes or awards for excellence.
Membership in associations that require outstanding achievements of their members.
Published material about you in professional publications or major media.
Participation as a judge of the work of others in your field or a related field.
Original contributions of major significance — scientific, scholarly, artistic, athletic, or business-related.
Authorship of scholarly articles in professional publications or major media.
Display of your work at artistic exhibitions or showcases.
Performance in a leading or critical role for organizations with a distinguished reputation.
High salary or significantly high remuneration compared to others in your field.
Commercial success in the performing arts, measured by box office receipts or sales.
One point stands out for this category: according to the regulation, "neither an offer for employment in the United States nor a labor certification is required for this classification" (8 CFR 204.5(h)(5)). In other words, EB-1A allows self-petitioning: the individual files Form I-140 directly, without a job offer or labor certification.

What about the EB-1B and EB-1C categories?

The EB-1B, for outstanding professors and researchers, requires "at least three years of experience in teaching and/or research in the academic field" and international recognition demonstrated by at least two of six criteria under 8 CFR 204.5(i): major prizes in the academic field, membership in demanding associations, published material by others about your work, participation as a judge, original research contributions, and authorship of books or scholarly articles. Unlike EB-1A, this category requires a job offer from a U.S. institution or employer.

The EB-1C, for multinational executives and managers, is intended for those who worked abroad in a managerial or executive capacity for at least one year within the three years prior to the petition, for a company affiliated with the U.S. employer, which has been operating for at least one year (8 CFR 204.5(j)). Here, it is the U.S. employer that files Form I-140 on the worker's behalf.

Which forms and fees are part of the process?

The central document for all three categories is Form I-140. The official filing fee for the I-140 is $715, according to the USCIS fee schedule at 8 CFR 106.2.

Those who want faster processing can request premium processing with Form I-907. The I-907 fee applied to the I-140 is $2,965 (8 CFR 106.4). The processing time USCIS commits to varies by category: 15 business days for EB-1A and EB-1C, and 45 business days for EB-1B (8 CFR 106.4).

What is the sequence of steps?

Gather the evidence required for your category — the criteria in 8 CFR 204.5 define exactly what counts as evidence.
Complete Form I-140: for EB-1A, the individual files it; for EB-1B and EB-1C, the employer does.
Pay the $715 I-140 fee and, if choosing faster processing, the premium processing fee.
Track your priority date on the Department of State Visa Bulletin — it indicates when your category and country's queue is open. We explain this mechanism in the post Visa Bulletin: how to know if your family's line has moved.
Once your date is available, the process moves to adjustment of status or consular processing until the green card is issued. The final phases are described in our guide the 5 phases of a family green card — EB-1 follows a similar logic in its final stage.

Organizing your materials carefully makes a difference: when a document is missing, USCIS may request additional evidence or decide based on what it received, as we show in USCIS can deny without requesting the missing document. Every situation has its own details, and the rules above describe what the form and the agency require — they do not replace reading the official instructions for each form. See more materials on the Prime blog.

Sources

Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.