EB-1 Visa: Green Card for Extraordinary Talents in the USA

The EB-1 is the first preference among U.S. employment-based immigration visas, reserved for individuals who demonstrate exceptional achievements in their fields. Unlike other categories such as EB-2 or EB-3, the EB-1 generally waives the labor certification (PERM), making the process significantly faster. As of April 2026, priority dates remain current for most countries, including Brazil, making this category especially attractive for qualified professionals.

The EB-1 category is regulated by Section 203(b)(1) of the Immigration and Nationality Act (INA) and is divided into three distinct subcategories, each with specific requirements and different candidate profiles. Understanding these differences is essential to determine which path is most suitable for each professional situation.

The Three Subcategories

EB-1A: Extraordinary Ability

The EB-1A is intended for individuals who demonstrate extraordinary ability in sciences, arts, education, business, or athletics. The main advantage of this subcategory is that the applicant can self-petition, meaning there is no need for a sponsoring employer or a job offer in the United States. The petition is filed using Form I-140 directly by the beneficiary.

To qualify, the applicant must provide evidence of national or international recognition supported by substantial documentation. USCIS accepts as definitive proof a major internationally recognized award, such as the Nobel or Pulitzer. In the absence of such an award, the applicant must satisfy at least three of the ten regulatory criteria set forth in 8 CFR 204.5(h)(3).

EB-1B: Outstanding Professors and Researchers

The EB-1B is aimed at professors and researchers who are internationally recognized for their significant academic contributions. The applicant must have at least three years of experience in teaching or research in the field and must have a job offer as a tenured professor, permanent researcher, or equivalent position at a university or research institution in the U.S. An employer must sponsor the petition.

The EB-1B requires the applicant to demonstrate international recognition by meeting at least two of six specific criteria. These criteria include awards for academic excellence, membership in associations that require outstanding achievements, and publications in international journals. Also considered are participation as a judge of the work of others, original scientific or academic contributions, and authorship of books or academic articles.

EB-1C: Executives and Managers

The EB-1C serves executives and managers of multinational companies who are being transferred to a related entity in the United States. The applicant must have held an executive or managerial position for at least one of the three years preceding the petition in an affiliate, subsidiary, parent, or branch of the U.S. company. The petitioning company in the U.S. must have been operating for at least one year.

This subcategory is widely used by global corporations transferring senior leadership to U.S. operations. The EB-1C can serve as a natural continuation of the L-1A visa, allowing a transition from temporary status to permanent residency.

The Ten Criteria of the EB-1A

USCIS evaluates EB-1A petitions in two steps, according to the standard established in the Kazarian v. USCIS case. In the first step, the applicant must satisfy at least three of the ten criteria below. In the second step, USCIS reviews the totality of the evidence to determine whether the applicant has truly achieved sustained national or international acclaim in their field.

1. National or international awards or recognition for excellence in the field
2. Membership in professional associations that require outstanding achievements for admission
3. Published material about the applicant in professional, academic, or major media outlets
4. Participation as a judge or reviewer of the work of other professionals in the field
5. Original contributions of major significance to the field, whether scientific, academic, artistic, or business-related
6. Authorship of scholarly articles published in professional journals or other relevant media
7. Display of artistic work at prominent exhibitions or showcases
8. Serving in a leading or critical role in organizations or projects of recognized reputation
9. High salary or significantly above-average remuneration compared to others in the same field
10. Demonstrated commercial success in the performing arts, shown by box office receipts, media sales, or other indicators

Meeting three criteria is a necessary but not sufficient condition. USCIS may deny the petition in the second step if it concludes that the evidence, as a whole, does not demonstrate sustained acclaim. Therefore, it is essential that each criterion is robustly documented and contextualized within the applicant’s field of expertise.

Advantages of the EB-1

The main advantage of the EB-1 is the waiver of the labor certification process (PERM), which in other categories such as EB-2 and EB-3 can add 12 to 18 months to the overall timeline. For the EB-1A specifically, the possibility of self-petitioning eliminates dependence on an employer, giving the applicant full control over their immigration process.

Another significant advantage is visa availability. In the Visa Bulletin of April 2026, the EB-1 category remains current for most countries, including Brazil. This means that once the I-140 petition is approved, the applicant can immediately proceed with adjustment of status (I-485) or consular processing, with no waiting list for a visa number. The exceptions are China and India, whose priority dates are December 1, 2023.

Fees and Costs in 2026

The government cost for an EB-1 petition involves multiple fees. The base fee for Form I-140 is $715. Added to this is the Asylum Program fee, which is $300 for self-petitioners (as in the individual EB-1A) or $600 when the petitioner is an employer with 26 or more employees. The total for the I-140 petition therefore ranges from $1,015 to $1,315.

For those opting for premium processing, the Form I-907 fee was adjusted on March 1, 2026 to $2,965. With premium processing, USCIS guarantees an initial response within 15 business days for EB-1A and EB-1B petitions, and within 45 business days for EB-1C. If USCIS does not meet the deadline, the fee is refunded, although processing continues.

If the applicant proceeds with adjustment of status in the U.S., there are additional costs for Form I-485 and mandatory medical exams. For consular processing, Department of State fees apply. It is advisable to consult the fee calculator on the USCIS website to obtain the updated total amount according to the specific situation.

Processing Times

As of April 2026, standard processing of I-140 petitions in the EB-1 category takes between 6 and 12 months at most USCIS service centers, and can reach 18 to 24 months in more complex cases. Premium processing reduces this timeframe to 15 business days for EB-1A and EB-1B, making it a strategic option for applicants who need predictability in their timeline.

After I-140 approval, the next step depends on the applicant’s location. For those already in the U.S., adjustment of status via I-485 has an average timeframe of 10 months. For those outside the country, consular processing follows the schedule of the U.S. embassy or consulate in the applicant’s jurisdiction. It is important to note that, since January 2026, the Department of State has suspended immigrant visa processing for nationals of 75 countries, including Brazil, while it reassesses public charge procedures. This pause directly affects consular processing for categories such as EB-1, although adjustment of status within the U.S. continues to operate normally.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.