EB-1 Green Card
The EB-1 Green Card is a First Preference Employment-Based immigrant visa intended for individuals who have demonstrated extraordinary abilities in the sciences, arts, education, business, or athletics, and who have received national or international acclaim.
A key advantage of applying for an EB-1 Green Card is that it bypasses the need for a Permanent Labor Certification (PERM), which is required for EB-2 and often causes significant delays. Qualifying under EB-1 can significantly expedite the green card process.
EB-1 Visa Category
EB-1A: Alien of Extraordinary Ability
The EB-1A category is for individuals with extraordinary talent in fields such as the sciences, arts, education, business, or athletics. Applicants must have received national or international recognition and be regarded as among the top in their field. This category does not require employer sponsorship.
EB-1B: Outstanding Professors & Researchers
The EB-1B category is for professors and researchers with internationally recognized achievements in a specific academic field. Applicants must have at least three years of experience in teaching or research and must provide evidence of significant scholarly accomplishments. An offer of a permanent (tenure or tenure-track) position from a U.S. employer is required.
EB-1C: Managers & Executive Transferees
The EB-1C category is designed for executives and managers of multinational companies. Applicants must have worked for a related overseas entity for at least one of the three years prior to filing and must be entering the U.S. to continue serving in an executive or managerial role. Employer sponsorship is required, and both the U.S. and foreign companies must meet specific criteria.
All three EB-1 subcategories fall under the First Preference Employment-Based immigration classification. They are eligible for expedited processing and are exempt from PERM. However, EB-1B and EB-1C still require employer sponsorship.
EB-1 Green Card Application Process
There are two application paths for EB-1 Green Cards: Adjustment of Status and Consular Processing.
一)Adjustment of Status
If the applicant is physically present in the U.S. and changing status from a different visa (e.g., H-1B, O-1, L-1), they must file Form I-140 and Form I-485.
- Form I-140 is eligible for premium processing with a decision in 15 calendar days.
- After I-140 approval, the applicant must wait until their priority date becomes current to file Form I-485.
- Priority date wait times vary by country of birth.
二)Consular Processing
If the applicant is outside the U.S., only Form I-140 needs to be filed initially, and premium processing is also available.
- Once the I-140 is approved and the priority date is current, the applicant schedules an interview at a U.S. embassy or consulate.
- Wait times also vary depending on the applicant’s country of birth.
EB-1A Alien of Extraordinary Ability Visa Application Requirement
Option 1: Provide evidence of a one-time major achievement (e.g., Nobel Prize, Oscar, Pulitzer).
Option 2: If the applicant does not have a one-time major award, they must meet at least 3 of the following 10 criteria:
1.Receipt of lesser nationally or internationally recognized prizes or awards for excellence |
2.Membership in associations that require outstanding achievements of their members |
3.Published material about the applicant in major media or professional publications |
4.Experience as a judge of others’ work, either individually or on a panel |
5.Original contributions of major significance to the field |
6.Authorship of scholarly articles in professional journals or major media |
7.Exhibitions or showcases of the applicant’s work |
8.Leading or critical roles in distinguished organizations |
9.High salary or other significant compensation relative to others in the field |
10.Commercial success in the performing arts |
常見申請人背景包括
EB-1A Green Card Fees
I-140 Filing Fee |
$715 |
I-140 Premium Processing Fee (optional) |
$2,805 |
Asylum Program Fee (add-on) |
$300 |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.
EB-1B Outstanding Professors & Researchers Visa Application Requirement
If the applicant is a professor or a researcher and wishes to obtain permanent residency via EB-1B, they must satisfy these basic requirements:
- Have at least three years of full-time teaching or research experience in the academic field
- Demonstrate international recognition for their research achievements
- Receive a permanent job offer from a U.S. employer
- Meet at least two of the following six criteria:
Major prizes or awards for outstanding achievement |
Membership in associations requiring outstanding achievement |
Published material by others about the applicant’s work |
Participation as a judge of others’ work |
Original scientific or scholarly research contributions |
Authorship of scholarly books or articles in internationally circulated journals |
EB-1B Green Card Fees
I-140 Filing Fee |
$715 |
I-140 Premium Processing Fee (optional) |
$2,805 |
Asylum Program Fee (add-on) |
$300 |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.
EB-1C Managers & Executive Transferees Visa Application Requirement
EB-1C is tailored for executives or managers of multinational companies who wish to permanently relocate to the U.S. This category also bypasses the PERM requirement and is ideal for senior personnel in established corporations.
--Applicant Requirements:
Foreign Experience: At least one year in an executive/managerial role abroad within the past three years |
U.S. Position: Will continue to serve in an executive or managerial capacity in the U.S. |
Background Alignment: Must have relevant degrees, experience, and background matching the role (ownership or shareholder status alone without proof of active management is not sufficient) |
--Foreign Parent Company Requirements:
* Qualifications required for the overseas parent company:
Established Operations: Must have been operating for at least three years |
Staffing & Business Activity:Must employ full-time staff and engage in active commercial operations |
Capital & Resources:Must have sufficient funds to support U.S. operations |
* U.S. Subsidiary Requirements:
Operational History:Must have been in business for at least one year |
Recommended Capital: The Initial registered capital should exceed $300,000 |
Ownership:Majority shares must be held and controlled by the foreign parent company |
Operational plan: A detailed business plan is required to ensure the authenticity and feasibility of the company's establishment. |
* Corporate Structure Requirements:
Affiliation: Must demonstrate a valid relationship (parent-subsidiary, branch, or affiliate) |
Active Operations: Both entities must be operating businesses and not shell companies |
EB-1C Green Card Fees
I-140 Filing Fee |
$715 (companies with fewer than 25 employees) or $1,015 (25+ employees) |
I-140 Premium Processing Fee (optional) |
$300 (for companies with 25 or fewer employees) or $600 (for companies with more than 25 employees) |
I-140 Premium Processing Fee (optional) |
$2,805 |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.
Note: EB-1A/EB-1B/EB-1C I-140 immigration attorney fees can be confirmed after consulting with the law firm for evaluation.