First Preference EB-1: Employment-Based Immigration

The First Preference EB-1 Visa is one of the most convenient employment-based visas for immigrants. It’s also known as the “Einstein visa” because it’s offered to individuals who are top performers in their respective fields or have exceptional abilities or skills. It’s not granted to just anyone, as requirements can be quite strict.

In this article, we’ll talk about all you need to know about the EB-1 visa, from its requirements to how long it takes to be approved. We’ll also discuss the different subcategories, benefits of the EB-1 visa, processing time, and more. Keep in mind that this is a general overview of the process and information publicly available. For more in-depth information and actual advice on how to proceed with your application, please contact an EB-1 visa lawyer to help you with your case. Without further ado, let’s get right into it!

What Is the EB-1 Visa?

The EB-1 visa is a U.S. green card option for top-tier professionals who excel in specific fields. It’s part of the employment-based immigration system and is considered the highest preference category. It’s designed for people who have reached the top of their field. That includes researchers, executives, and individuals with extraordinary ability in areas like science, business, the arts, or education. One of the biggest advantages of the EB-1 visa is speed. Unlike many other green card categories, it does not require labor certification, which cuts months off the process. Another benefit is that some EB-1 applicants don’t need a job offer. In certain cases, you can even apply for yourself without employer sponsorship. The EB-1 visa includes three subcategories:

• EB-1A: For people with extraordinary ability in their field

• EB-1B: For outstanding professors and researchers

• EB-1C: For multinational executives or managers

Each subcategory has its own set of rules and benefits. We’ll take a closer look at each of them in the next sections.

EB-1A Extraordinary Ability

To fit the EB-1A visa criteria, you must show you’re truly exceptional. USCIS uses a list of 10 criteria to evaluate your achievements. You need to meet at least 3 of these. Or, you can show that you’ve won a major international award like a Nobel Prize or an Olympic medal. You must also show that you plan to continue working in your area of expertise once you arrive in the United States. Here are the 10 criteria USCIS uses:

1. Nationally or internationally recognized awards
2. Membership in associations that require outstanding achievement
3. Published material about you in major media
4. Participation as a judge of others in your field
5. Original contributions of major significance
6. Scholarly articles in professional journals
7. Work displayed at exhibitions or showcases
8. Leading or critical role in distinguished organizations
9. High salary or payment compared to others in your field
10. Commercial success in the performing arts

USCIS looks at the quality of your evidence, not just the quantity. Strong documentation should prove your achievements are well above what’s normal in your field and that you will continue in your field after arriving.

EB-1B Outstanding Professors and Researchers

The EB-1B visa is for professors and researchers who are recognized as outstanding in their academic field. It’s a great option for those working in education or research institutions. To qualify, you must have at least three years of teaching or research experience. You also need a job offer from a U.S. employer for a tenure or tenure-track teaching position or a comparable permanent research role. If your offer is from a private research organization, it must show that it has documented accomplishments and employs at least three full-time researchers.

You must also meet at least two of the following criteria:

1. Major awards for your academic work
2. Memberships that require outstanding achievement
3. Published material written by others about your work
4. Participation as a judge of others in the same field
5. Original research that’s widely recognized
6. Scholarly books or articles in top journals

Your U.S. employer must file Form I-140 and demonstrate the ability to pay the offered wage as of your priority date. This can be shown through an annual report, tax return, or audited financial statement.

EB-1C Multinational Managers and Executives

The EB-1C visa is for top executives and managers at multinational companies. It’s often used by large firms to transfer leadership from an overseas office to a U.S. branch. To qualify, you must have worked for the company abroad in a managerial or executive role for at least one year during the three years before the petition or before your most recent lawful admission to the U.S. if you’re already working for the petitioning employer. The U.S. company must have a qualifying relationship to the foreign entity—such as a branch, subsidiary, or affiliate—and must have been doing business for at least one year in the U.S. You’ll need a full-time job offer in a similar executive or managerial role. This is not a self-petition category. Your employer must sponsor you by filing Form I-140. The petitioning company must also show it can pay your wage as of the priority date, using tax filings, annual reports, or audited statements.

Family of EB-1 Visa Holders

If your Form I-140 is approved, your spouse and unmarried children under 21 may also be eligible to immigrate with you. Your spouse can apply under the E-14 category, and your children can apply under the E-15 category. Once they arrive in the U.S., they may be eligible for work or study authorization depending on their status and your green card timeline.

EB 1 Visa Criteria: Documentation and Evidence

No matter which EB-1 category you apply under, strong documentation is essential. USCIS will not take your word for it. You need to prove your eligibility with solid evidence. It’s worth mentioning that the EB-1 criteria vary depending on the subcategory; each has different document requirements. Let’s review each one in more detail.

For EB-1A (Extraordinary Ability)

You must submit evidence that meets at least three of the ten criteria listed earlier. Documents should show sustained national or international recognition. Examples include:

• National or international awards
• Articles written about you in newspapers or trade journals
• Evidence of original contributions (patents, discoveries, etc.)
• Memberships that require special achievements
• High salary evidence, like contracts or tax records
• Letters from experts in your field explaining your impact
• Proof of performances or exhibitions
• Evidence of judging others in competitions or panels

USCIS prefers third-party validation, not self-claims. Include translated copies if the documents are in another language.

For EB-1B (Outstanding Professors and Researchers)

You must prove you are recognized as outstanding in your academic field and have at least three years of relevant experience.

Common documents include:

• Letters from universities or employers confirming your teaching or research experience
• Peer-reviewed publications and citations
• Reference letters from top experts in your field
• Memberships in academic organizations that require achievement
• Invitations to serve as a peer reviewer or conference panelist
• Evidence of published work about your research
• Academic awards or recognitions
• Teaching evaluations, if available

You also need a permanent job offer letter from a qualifying U.S. institution.

For EB-1C (Multinational Executives and Managers)

This category focuses more on business documentation. You must prove that both the U.S. and foreign companies meet USCIS definitions and that your roles meet the executive or managerial standard.

Important documents include:

• Organizational charts showing your role and team size
• Letters from HR or executives describing your duties
• Business licenses, tax filings, and company registration documents
• Articles of incorporation for both entities
• Employment records showing your time with the foreign company
• A detailed job offer letter from the U.S. company
• Proof of ongoing operations in both countries (financial statements, client contracts, etc.)

If the company structure is complex, include a written explanation or a flowchart.

EB-1 Priority Date: What It Means and Why It Matters

Your EB-1 priority date is the day USCIS receives your Form I-140. This date decides your place in line for a green card. Think of it as your ticket number. When your priority date becomes current, you can move forward with your green card process. The U.S. Department of State publishes a monthly Visa Bulletin. This bulletin shows which priority dates are being processed based on country and visa category. For many countries, the EB-1 category is often current. That means you don’t have to wait long after your I-140 is approved. However, some countries with high demand face backlogs. India and China are the most common examples. If you're from one of those countries, your priority date might take months—or even years—to become current. Checking the Visa Bulletin each month is important. You’ll want to know when your priority date matches the “Final Action Date” for EB-1 in your country. If the bulletin shows your date is current, you can apply for adjustment of status or go through consular processing right away.

EB-1 Visa Processing Time

The EB-1 visa process has two main stages: the I-140 petition and the green card application. Each stage has its timeline.

• First, your employer (or you, if self-petitioning under EB-1A) files Form I-140 with USCIS. This form shows that you qualify under the EB-1 category. USCIS usually takes 6 to 9 months to process an I-140 petition. If you want faster results, you can request premium processing. That gives you a decision in 15 calendar days.

Once your I-140 is approved, the next step depends on where you live.

• If you're in the U.S., you file Form I-485 to adjust your status.

• If you’re abroad, you go through consular processing at a U.S. embassy.

Form I-485 usually takes 8 to 14 months to process. Consular processing timelines vary by country but are often similar. If your priority date is current, you may file Form I-485 concurrently with your I-140. This can speed up the overall process.

Of course, these timelines are estimates and can vary. Always check current USCIS processing times for the most accurate information.

EB-1 vs EB-2: Which Is Better for You?

Deciding between these two depends on your situation and the advice you receive from a qualified lawyer. With that said, here are the benefits of both visa types and how they compare.

Both EB-1 and EB-2 are employment-based green card categories. But they serve different types of professionals and have different benefits and requirements.

• The EB-1 visa is for top-tier applicants. That includes people with extraordinary ability, outstanding professors, and multinational executives.

• The EB-2 visa is for professionals with advanced degrees or exceptional ability. It’s a great choice if you don’t meet the high bar set by EB-1.

One big difference is labor certification. EB-2 usually requires a PERM labor certification. This step proves that no qualified U.S. worker is available for the job, so hiring you is the only way of filling the position. EB-1 requirements skip that step entirely, which makes the process faster and more direct.

Another difference is self-petitioning. Only the subcategory EB-1A and EB-2 NIW (National Interest Waiver) allow it. In all other cases, you need a job offer. If you’re choosing between the two, consider your achievements, your documentation, and whether you qualify for a national interest waiver. As a side note, it’s worth mentioning that there isn’t such a thing as an EB-1 NIW, as the National Interest Waiver is only available for the EB-2 preference.

Finally, EB-1 is faster, but harder to qualify for. EB-2 is more flexible, but may take longer because of the PERM process or country backlogs. Here’s a quick comparison table so you can better visualize the differences between these visa preferences.

Note: We highly recommend that you speak with an immigration attorney before you decide!

Translations for the EB-1 Visa Process

If you're submitting foreign-language documents with your EB-1 petition, they must be translated into English. USCIS requires every document to be clear, complete, and accurate. This rule applies to all supporting materials. That includes degrees, awards, publications, letters of employment, and reference letters. Even small details matter. USCIS does not accept machine translations or unofficial summaries. All translations must include a signed certificate from the translator. This document confirms that the translator is competent and that the translation is accurate. You do not need notarization. USCIS only requires certified translations, not notarized ones. But if your local embassy or employer asks for notarized versions, that’s a different matter.

Here are some common documents that usually need translation:

• Academic diplomas and transcripts
• Employment verification letters
• Awards and certificates of recognition
• Articles published in foreign-language journals
• Expert reference letters in another language

For best results, work with a professional translation service. This helps you avoid delays or rejections due to incomplete or incorrect translations. MotaWord offers USCIS-compliant certified translations for EB-1 petitions with fast turnaround times and affordable pricing. Your documents are translated by professionals and delivered with the certification required by immigration authorities. No complex process, no hidden costs; just results!

Is the EB-1 Visa Right for You?

The EB-1 visa is one of the fastest and most powerful ways to get a green card. But it’s also one of the most selective. If you have a strong track record of achievement, this visa might be the perfect fit. Whether you're a world-class researcher, a global business executive, or a highly recognized expert in your field, the EB-1 offers real advantages.

• No labor certification.
• Faster processing.
• And in some cases, no need for a job offer.

Still, building a strong petition takes time, documentation, and strategy. Make sure you understand the requirements for your specific subcategory. And don’t guess your way through it—speak with an immigration lawyer who knows the process inside and out. Finally, don’t trust just anyone with your translations. If you need to translate foreign documents for your petition, MotaWord provides USCIS-compliant, certified translations that are fast, reliable, and 100% accepted by U.S. immigration authorities. And remember, your EB-1 immigration process begins with one smart step!