Are you an accomplished professional, researcher, or executive aiming to obtain U.S. permanent residency through your achievements? The EB1 visa may be your ideal path to a Green Card — and the best part? It doesn’t always require a job offer or labor certification.
In this article, AB Legal Consult breaks down how to get an EB1 visa, including the application process, eligibility categories, documentation, and expert tips based on the latest 2024 USCIS guidance.
What Is an EB1 Visa?
The EB1 visa is a first-preference employment-based immigrant visa designed for individuals who have demonstrated extraordinary ability, outstanding research or academic achievements, or are executives and managers of multinational companies. It provides a fast-track to permanent residency and often bypasses the labor certification requirement.
Who Qualifies for an EB1 Visa?
There are three main EB1 subcategories:
- EB-1A: Individuals of Extraordinary Ability
- No job offer required
- Must show sustained national or international acclaim in sciences, arts, education, business, or athletics
- Can self-petition
- EB-1B: Outstanding Professors and Researchers
- Requires a permanent job offer in teaching or research
- Must show international recognition in an academic field
- At least 3 years of teaching or research experience
- EB-1C: Multinational Executives and Managers
- Must have worked abroad for at least 1 year in the last 3 years
- Must be entering the U.S. to work for the same or related company in an executive or managerial role
How to Qualify: USCIS Criteria (Updated 2024)
USCIS recently updated its Policy Manual to further clarify what types of evidence support EB1 eligibility. Here are highlights of what’s changed:
- Awards: Team awards now count under “lesser nationally or internationally recognized prizes.”
- Memberships: Past and present memberships can be evaluated.
- Published Material: Does not need to explicitly state the value of your contributions.
- Exhibitions: “Artistic” exhibitions are emphasized; non-art exhibitions need strong supporting evidence.
This guidance is effective immediately and helps EB1 applicants better understand how to build a strong case.
Step-by-Step: How to Get an EB1 Visa
Here’s a clear roadmap of the EB1 visa process, whether you’re applying from inside or outside the U.S.:
Step 1: Determine Your Category
Identify whether you qualify for EB-1A, EB-1B, or EB-1C.
- Self-petitioners (EB-1A) can start right away.
- Others will need a sponsoring U.S. employer.
Step 2: File Form I-140 (Immigrant Petition for Alien Worker)
This form establishes your eligibility.
- Can be filed concurrently with your Green Card application (Form I-485) if a visa is available.
- Supporting evidence includes:
- Letters of recommendation
- Awards, publications, media mentions
- Job offer letters (for EB-1B and EB-1C)
Step 3: Check Visa Bulletin & Availability
Visit the Department of State Visa Bulletin to ensure a visa is currently available under the EB1 category.
Step 4: File for Adjustment of Status (If in the U.S.)
Use Form I-485 to apply for your Green Card.
Requirements include:
- Being physically present in the U.S.
- Proof of inspection/admission or parole
- Evidence of maintaining lawful status
Step 5: Consular Processing (If Outside the U.S.)
If you’re outside the U.S., you’ll go through consular processing via a U.S. Embassy or Consulate. This involves:
- Form DS-260 (immigrant visa application)
- An interview at the consulate
- Submission of required documentation
Step 6: Attend Interview (If Required)
USCIS may request an in-person interview or biometrics appointment. Be prepared to explain your qualifications and verify documents.
Step 7: Get Your Green Card
Once your I-485 is approved (or visa issued at consulate), you’ll receive your Green Card and be granted permanent residence.
How Much Does It Cost?
| Item | Approx. Fee (as of 2024) |
| Form I-140 | $700 |
| Form I-485 | $1,140 (plus $85 biometrics) |
| Medical Exam (Form I-693) | Varies ($200–$500) |
| Legal Fees | Varies (contact AB Legal Consult) |
Note: Fee waivers available in limited cases.
How Long Does It Take?
- EB-1 I-140 Processing Time: 6 to 9 months (premium processing available in 15 days)
- Adjustment of Status: 10 to 18 months depending on location
- Consular Processing: ~6 to 12 months
What Documents Will I Need?
Common documents include:
- Passport and visa records
- Employment or contract offers
- Academic credentials
- Awards, publications, patents
- Letters of reference
- Form I-94 (for applicants in the U.S.)
- Medical exam report (Form I-693)
Family Members: Can They Apply?
Yes. Your spouse and unmarried children under 21 can apply as derivative beneficiaries using Form I-485 or through consular processing.
Key Tips for EB1 Visa Success
- Document Everything: The more thorough your documentation, the better.
- Tailor Evidence to Criteria: Don’t submit generic achievements. Match them to USCIS’s list.
- Work with an Attorney: A seasoned immigration lawyer can help present your case strategically — especially under evolving guidelines.
Ready to Apply? AB Legal Consult Can Help
At AB Legal Consult, we specialize in helping high-achieving professionals and executives navigate the complex EB1 visa process. Whether you’re self-petitioning or applying through an employer, we ensure your petition is airtight, well-documented, and aligned with current USCIS policies.
📞 Book a consultation today to get started on your EB1 journey.