USTalent permanent residence

EB-1 visa in the US

A category for foreign nationals with exceptional achievements: it opens a route to a green card without Department of Labor labour certification. Inside it there are subcategories: for people of extraordinary ability, who file the petition themselves; for professors and researchers with international recognition who are being invited by an American university or research organisation; for managers being transferred to a company's US arm. The route depends on the person's background and on whether there is a job in the USA.

Source: uscis.gov — Employment-Based Immigration: First Preference EB-1

Which EB-1 subcategory suits you

EB-1 has three separate subcategories — each is designed for a different professional profile and calls for its own set of evidence.

You have personal extraordinary achievements (EB-1A)

You have widely recognised achievements in the sciences, arts, education, business or athletics
You can evidence at least three of the ten USCIS criteria, or a one-off international-level prize
Neither an employer nor a job offer is needed — the candidate files the petition themselves
You are ready to put together the evidence pack without a sponsoring company

A university or research institute is inviting you (EB-1B)

You have international recognition in a specific academic field
You have built up teaching or research experience in that field
You have an offer of a permanent, tenured or tenure-track post from a university or a specialist research department
The petition is filed for the candidate by the future employer

You are being transferred as a manager to a company's US arm (EB-1C)

You have worked abroad in a managerial or executive post for long enough
The US company is related to the foreign employer — a parent, subsidiary or affiliate
The US arm is already actually doing business, not merely registered
The petition is filed by the US employer transferring the candidate into a managerial post

When the programme will not suit you

You have no international recognition, you cannot reach three of the ten USCIS criteria, and your awards are only local ones

Look at EB-2 with a National Interest Waiver (NIW), or at EB-2/EB-3 with labour certification — the evidence bar there is lower

You have less than three years of teaching or research experience in the relevant field

Build up experience in the field first, or apply through an employer in the ordinary EB-2 or EB-3 category

The US company opened recently and has not yet been an actually operating business for a year

Wait until the US arm has been operating for at least a year, or consider the L-1 work visa as an interim step

The post abroad is a first-line supervisor over rank-and-file, non-professional staff

Such a post does not count as managerial for EB-1C — you need to evidence management of an essential function of the company (a function manager), or choose another category

What it costs

Form I-140 'Petition for Alien Worker' — online filing	665 USD
Form I-140 'Petition for Alien Worker' — paper filing	715 USD
Asylum Program Fee — ordinary employer	600 USD
Asylum Program Fee — small employer or self-petitionerA small employer is one with 25 or fewer full-time staff; the rate also applies where an EB-1A candidate files the petition themselves	300 USD
Asylum Program Fee — non-profit organisationNon-profit employers are exempt from this fee	0 USD
Premium processing of the I-140 petition (Form I-907, optional)Paid separately from the fee for the petition itself; it guarantees a USCIS response within 15 business days for EB-1A and EB-1B, or 45 business days for EB-1C	+2 965 USD
Form I-485 'application to register permanent residence' (aged 14 and over) — online filing	1 390 USD
Form I-485 'application to register permanent residence' (aged 14 and over) — paper filing	1 440 USD
Total government feesThe sum of the mandatory rows in the table. “Premium processing of the I-140 petition (Form I-907, optional)” adds 2 965 USD; the “Form I-140 'Petition for Alien Worker' — paper filing” branch replaces the “Form I-140 'Petition for Alien Worker' — online filing” line — 2 705 USD; the “Asylum Program Fee — small employer or self-petitioner” branch replaces the “Asylum Program Fee — ordinary employer” line — 2 355 USD; the “Asylum Program Fee — non-profit organisation” branch replaces the “Asylum Program Fee — ordinary employer” line — 2 055 USD; the “Form I-485 'application to register permanent residence' (aged 14 and over) — paper filing” branch replaces the “Form I-485 'application to register permanent residence' (aged 14 and over) — online filing” line — 2 705 USD. Charges with no official price list are in the list below.	2,655–5 620 USD

Paid separately

The medical examination (Form I-693) with a designated civil surgeon — The doctor sets the price themselves; the state does not regulate it
The Form I-485 government fee for accompanying family members — The spouse and each child file their own Form I-485 and pay for it separately from the main applicant
The services of a lawyer or immigration adviser — This is not a government fee and is not charged by USCIS

Documents to gather

The set of documents depends on the subcategory — whether you file the petition for yourself (EB-1A) or your employer files it (EB-1B, EB-1C).

Form I-140 'Petition for Alien Worker' — filed by the candidate themselves (EB-1A) or by the employer (EB-1B, EB-1C)
For EB-1A — evidence against at least three of the ten USCIS criteria (prizes, membership of professional associations, published material about the candidate, judging the work of other specialists, the candidate's own publications, a significant contribution to the field and so on), or evidence of a one-off international-level prize
For EB-1B — evidence of teaching or research experience in the relevant field, an offer of a permanent tenured or tenure-track post from a university or from the research department of a private employer, and evidence against at least two of the six USCIS criteria
For EB-1C — evidence of the managerial or executive post held abroad, documents on the relationship between the foreign and the US employer (parent, subsidiary or affiliate) and on the US arm actually doing business
The employer's financial documents (tax returns, audited accounts) evidencing the ability to pay the salary offered — for EB-1B and EB-1C
Letters of recommendation from experts in the field, confirming the scale and significance of the candidate's achievements

How the process runs

The EB-1 route consists of filing the petition, waiting for a visa to become available and then obtaining the green card itself — inside the USA through an application, or abroad through a consulate.

1
Assembling the evidence base for the chosen subcategory
The candidate (for EB-1A) or the future employer (for EB-1B, EB-1C) gathers documents against the specific USCIS criteria — awards, publications, letters of recommendation, the company's financial accounts or evidence of the experience gained abroad.
2
Filing Form I-140
15 business days with premium processing for EB-1A and EB-1B, 45 for EB-1C
The petition is filed by the candidate themselves (EB-1A) or by the employer (EB-1B, EB-1C). If you wish, you can pay extra for premium processing on Form I-907 — USCIS is then obliged to respond (approve, request documents, refuse or open an investigation) within the set period.
3
Checking visa availability on the Visa Bulletin
Before applying for the green card itself, you need to make sure a visa is available for the petition's priority date — this is tracked through the State Department's monthly Visa Bulletin.
4
Obtaining the green card — an application inside the USA or consular processing
If the candidate is already in the USA, they file Form I-485 to adjust status — it can be filed at the same time as the I-140, while that is under review, or after it has been approved. If the candidate is outside the USA, the case is sent for consular processing through a US embassy or consulate.
5
Biometrics and the medical examination
The applicant gives biometrics, has the medical examination on Form I-693 with a designated civil surgeon and submits documents on lawful entry along with police certificates.
6
Decision on the case and receipt of the green card
Once approved, the applicant and their family members receive US permanent resident status and the green card.

Timelines and rights

Validity

EB-1 leads to permanent status, which has no expiry. The priority date is set by the day the I-140 is filed: no labour certification is required in this category, so the queue is counted from the petition.

Work

A permanent resident works for any employer without a separate permit. While the I-485 is under review, the right to work comes from a work permit on Form I-765.

Residence

For citizenship you must have lived as a permanent resident for 5 years and have been physically present in the USA for at least 30 months of those five.

Who you can bring with you

Once the I-140 petition is approved, accompanying family members obtain status alongside the main applicant.

The spouse

Receives E-14 status as an accompanying family member once the I-140 petition is approved in any of the EB-1 subcategories

Unmarried children under 21

Receive E-15 status and file their documents together with the main applicant or after them

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	EB-1 visa	Asylum through USCIS	Asylum through the immigration court
Visa term	EB-1 leads to permanent status, which has no expiry	The status is indefinite and is not renewed; the EAD and the travel document are renewed	The status is indefinite, there is no routine renewal
Money	EB-1 does not go through Department of Labor labour certification — there are no PERM costs	No government fee for Form I-589; no income or sponsor requirement	No government fee for the I-589
Work	A permanent resident works for any employer without a separate permit	After the grant — work without restrictions; while the case is pending, an EAD after 180 days	After the grant — work; while the case is pending, an EAD after 180 days

What comes next: permanent residence and citizenship

Route to permanent residence

Yes, a first preference immigrant category

Route to citizenship

After 5 years with a green card you file Form N-400. Spouses of US citizens have the period cut to 3 years: 18 months of physical presence out of those three are then needed, and the application is accepted 90 days before the period ends.

Frequently asked questions about EB-1 visa

Does EB-1 require Department of Labor labour certification?

No — none of the three subcategories (EB-1A, EB-1B, EB-1C) requires labour certification: neither the employer, nor the candidate themselves for EB-1A, has to evidence that there are no suitable workers in the USA, as is required for EB-2 and EB-3.

Can an EB-1A petition be filed without an employer?

Yes. A candidate of extraordinary ability files Form I-140 in their own name, with no job offer. For EB-1B and EB-1C the petition must be filed by an organisation — the future US employer.

What if you have no major international prize for EB-1A?

A prize on a par with the Nobel is not the only route. It is enough to evidence at least three of the ten set criteria: for example, membership of associations with a high entry bar, published material about the candidate in professional media, judging the work of other specialists, authorship of scholarly articles, or a high salary by industry standards.

How long does premium processing of an I-140 petition take?

With the extra payment on Form I-907, USCIS is obliged to respond to the petition — approve it, refuse it, request documents or open an investigation — within 15 business days for EB-1A and EB-1B, or 45 business days for EB-1C. The period runs from the moment USCIS accepted the request for premium processing, not from the date the petition itself was filed.

Who counts as a 'manager' or 'executive' for EB-1C?

The post must be managerial or executive in substance: the person manages the organisation, a department or an essential function of the company and takes decisions, rather than doing the work themselves. An ordinary supervisor who directs rank-and-file, non-professional staff does not meet that definition.

Which family members can obtain a green card together with the main EB-1 applicant?

The spouse receives E-14 status and minor unmarried children receive E-15 status; both are processed as accompanying family members once the I-140 petition is approved.

Other ways to move to US

Every route in one list — migration programmes: US.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 7 August 2026.