EB-1 Visa: Guide to the Three Subcategories for the Green Card

The EB-1 visa is the first preference among employment-based immigration categories in the United States. Aimed at professionals of exceptional caliber, this category offers significant advantages: waiver of labor certification (PERM), priority in the Visa Bulletin, and, in the case of EB-1A, the possibility of self-petitioning without an employment relationship. For most countries, including Brazil, the EB-1 category is current in the May 2026 bulletin.

The category is divided into three distinct subcategories, each with different requirements and candidate profiles. Understanding these differences is essential to choose the correct path and build a competitive petition. This guide details the three EB-1 routes, eligibility criteria, updated fees, and practical aspects of the process in 2026.

Professionals in science, arts, education, business, athletics, corporate management, and academic research can benefit from this category, provided they meet the specific requirements of each subcategory.

The Three Subcategories

EB-1A: Extraordinary Ability

The EB-1A is intended for individuals who demonstrate extraordinary ability in science, arts, education, business, or athletics. The required standard is sustained national or international acclaim. The most significant advantage of this route is that the beneficiary can file the petition themselves (self-petition), with no need for a sponsoring employer or job offer in the US.

The regulatory basis is 8 CFR 204.5(h), which establishes ten criteria of which the candidate must meet at least three. Alternatively, the candidate may present evidence of a single major award (such as a Nobel, Oscar, Pulitzer, or equivalent) that alone proves extraordinary ability.

EB-1B: Outstanding Professors and Researchers

The EB-1B covers professors and researchers who are internationally recognized for academic contributions in a specific field. The candidate must prove at least three years of experience in teaching or research in the field and have a job offer for a permanent position (tenure, tenure-track, or equivalent) at a university or research institution in the US.

Unlike the EB-1A, the EB-1B requires the employer to file the petition. The candidate must demonstrate international recognition by meeting at least two of the six regulatory criteria, which include academic awards, publications, original contributions of major significance, and service as a judge of the work of others.

EB-1C: Multinational Executives and Managers

The EB-1C allows multinational companies to transfer executives or managers to the United States with permanent residency. The professional must have worked abroad for at least one year in the last three years in a managerial or executive capacity. The US company must have been operating for at least one year and maintain a qualified corporate relationship with the foreign entity.

This subcategory requires employer petitioning and a job offer in a managerial or executive position. Labor certification (PERM) is not required, but the requirements to demonstrate a genuine corporate relationship and managerial/executive capacity are strict.

The Ten Criteria of EB-1A

8 CFR 204.5(h)(3) lists ten criteria to prove extraordinary ability. The candidate must meet at least three:

1. National or international awards or recognition for excellence in the field.
2. Membership in associations that require outstanding achievements of their members.
3. Published material in professional or major media about the candidate and their work.
4. Participation as a judge of the work of other professionals in the same or related field.
5. Original contributions of major significance to the field.
6. Authorship of scholarly articles in professional publications or major media.
7. Display of work at prominent exhibitions or artistic showcases.
8. Performance in a leading or critical role for organizations with a distinguished reputation.
9. High remuneration compared to others in the field.
10. Commercial success in the performing arts, proven by revenues or sales.

If the ten standard criteria do not apply to a specific field, the candidate may present comparable evidence as per 8 CFR 204.5(h)(4). This clause recognizes that different fields measure excellence in different ways.

Two-Step Analysis

Since the Kazarian v. USCIS (2010) decision, USCIS applies a two-step analysis for EB-1A petitions. In the first step, the officer checks if the candidate has presented evidence that satisfies at least three of the ten criteria. In the second step, USCIS evaluates the totality of the evidence to determine if the candidate truly belongs to the small percentage who have reached the top of their field.

Meeting three criteria is the minimum threshold, not a guarantee of approval. A candidate may meet four or five criteria and still have the petition denied if the final merits analysis concludes that the evidence, as a whole, does not demonstrate the required level of recognition. The quality and context of each piece of evidence matter more than the number of criteria met.

Fees and Timelines in 2026

The base fee for Form I-140 is $715, plus the Asylum Program Fee of $600, totaling $1,315. Premium Processing (Form I-907) costs $2,965 as of March 1, 2026. The Premium Processing timeline varies by subcategory: 15 business days for EB-1A and EB-1B, and 45 business days for EB-1C.

Under standard processing, the I-140 takes between 6 and 12 months or more, depending on the petition volume at the service center. After approval, Form I-485 (adjustment of status) has a fee of $1,440. For most countries in the May 2026 Visa Bulletin, the EB-1 category is current (“C”), allowing concurrent filing of the I-140 and I-485 simultaneously.

Advantages of the EB-1 Category

• Waiver of labor certification (PERM), which can add 12 to 18 months to the process in other categories.
• Priority in the Visa Bulletin: first preference means shorter queues for most countries.
• Self-petition available in EB-1A, with no need for an employer.
• Concurrent filing possible when dates are current, allowing for EAD (work authorization) and Advance Parole while the I-485 is processed.
• No maximum salary limit or wage level requirement, unlike categories such as H-1B.

Common Misconceptions

One of the most common misconceptions is believing that the EB-1A is reserved exclusively for winners of international awards like the Nobel. In reality, most EB-1A approvals involve professionals who demonstrate sustained excellence through a combination of criteria, not a single extraordinary award. Scientists with cited publications, executives with innovative contributions, and artists with documented recognition are typical candidates.

Another misconception is confusing EB-1B with EB-1A. EB-1B has a different standard (international recognition as an outstanding researcher/professor) and requires an employer, while EB-1A allows self-petition and applies the higher standard of “extraordinary ability.” Choosing the wrong subcategory can result in denial and loss of time and resources.

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.