EB-1 — Priority Workers

Visa overview

EB-1 is the first employment-based preference category for permanent residence and has three branches. EB-1A is for individuals with extraordinary ability in the sciences, arts, education, business or athletics, and is the only employment branch that allows self-petition without an employer. EB-1B is for outstanding professors and researchers with international recognition and a qualifying offer from a university or research employer. EB-1C is for multinational managers and executives transferring to a US entity of the same group. None of the three requires the labour certification process that most other employment categories do.

Who may qualify

• Individuals with sustained national or international acclaim who can document extraordinary ability (EB-1A)
• Professors and researchers internationally recognised as outstanding, with several years of experience and a qualifying offer (EB-1B)
• Managers and executives who have worked for a related entity abroad for at least one of the preceding three years (EB-1C)
• Applicants who can evidence a major internationally recognised award, or satisfy several of the listed criteria

This is general information about the category, not an assessment of your circumstances.

Key requirements

• EB-1A: evidence of sustained acclaim, and that you will continue working in the field of expertise
• EB-1B: international recognition as outstanding, qualifying experience, and a permanent research or tenure-track offer
• EB-1C: a qualifying corporate relationship and a managerial or executive role both abroad and in the United States
• Evidence that is independent and verifiable, not self-generated
• An immigrant petition, followed by adjustment of status or consular processing when a visa number is available

Typical application process

1. 1Identify which branch fits the profile, and test the evidence honestly against its criteria
2. 2Build the evidence inventory criterion by criterion, obtaining independent expert letters
3. 3File the immigrant petition — self-filed for EB-1A, employer-filed for EB-1B and EB-1C
4. 4Respond to any Request for Evidence
5. 5Monitor visa availability for your category and country of chargeability
6. 6File for adjustment of status if in the United States, or complete consular processing if abroad
7. 7Attend the interview where one is required

Documents commonly required

• Evidence mapped to each criterion relied on, indexed and explained
• Independent letters of recommendation from recognised experts
• Publication and citation records, and evidence of peer review or judging
• Media coverage from independent outlets, with certified translations
• For EB-1B, the employment offer and documentation of the research role
• For EB-1C, corporate ownership documents and organisational charts
• Civil documents: passport, birth certificate, marriage certificate where applicable

Typical processing considerations

EB-1 timing has two independent components: how long the petition itself takes, and whether a visa number is available for your category and country of chargeability. The second can dominate the first, and availability moves in both directions from month to month. Preparation time is also substantial, because the evidence must be assembled before anything is filed. No date or outcome can be guaranteed.

Common questions about the EB-1