EB-1 Visa

The EB-1 (First Preference Employment-Based Visa) is one of the immigrant visa categories that leads directly to a Green Card. EB-1 is granted to individuals who have achieved national or international recognition in the sciences, arts, education, or business through extraordinary ability, as well as outstanding researchers and multinational executives. While the EB-1A subcategory does not require employer sponsorship, the EB-1B and EB-1C subcategories require a U.S. employer sponsor.  Yıldız Law provides visa consulting services for the U.S. EB-1 visa, which offers a direct path to a Green Card.  As part of our EB-1 visa consulting, we walk you through every step of the application process and guide you toward the path that best fits your case.

What Is an EB-1 Visa?

The core purpose of the EB-1 visa is to allow individuals who have reached the top of their field, academically and professionally, to demonstrate that same level of achievement in the United States. People who have achieved outstanding success in the sciences, arts, education, business, or athletics — along with internationally recognized academics and executives of multinational companies — can obtain permanent residency in the U.S. under the EB-1 category.

The EB-1 visa is considered one of the most selective immigration categories in the United States, which is why it is reserved for individuals who can prove top-level achievement in their field. In short, to obtain a Green Card through this visa, you must have achieved — and be able to document — success at an international level in science, technology, education, the arts, athletics, or business.

What Are the Types of EB-1 Visas?

The EB-1 visa is divided into three subcategories, each with different requirements, application processes, and waiting times. For example, if you apply under the EB-1A category, you can build your case and file it on your own behalf without a sponsor. Since there's no job offer, employer sponsorship, or additional employer-prepared process involved, this category requires fewer steps than the other two. The main features of each category are as follows:

• EB-1A: For individuals who can demonstrate extraordinary ability at a national or international level in the sciences, arts, education, business, or athletics. Its biggest advantage is that it doesn't require a job offer or employer sponsorship  applicants can file directly on their own behalf. Unless the applicant has received a major, one-time international award (such as a Nobel Prize or Olympic Medal), they must satisfy at least 3 out of the 10 regulatory criteria set by USCIS. 
• EB-1B: For professors and researchers with outstanding achievements in academia. This category requires a permanent job offer from a U.S. university or research institution, and the Form I-140 petition must be filed by the employer.
• EB-1C: For executives or senior managers at multinational companies. It requires detailed documentation of the qualifying relationship between the U.S. company and the foreign company, as well as the applicant's managerial history. The petition is filed by the employer, which means the corporate documentation burden is heavier than in the other categories.

What Documents Are Required for an EB-1 Visa?

The documents required for an EB-1 visa vary depending on the subcategory you apply under. That said, USCIS (U.S. Citizenship and Immigration Services) needs a specific set of documents to evaluate the applicant's educational background, professional experience, and achievements in their field. These documents include:

• Passport and identification document
• An up-to-date resume (CV)
• Diplomas, transcripts, and other educational records
• Employment and job records showing professional experience
• Form I-140 petition
• Awards and certificates supporting your achievements
• Publications, articles, academic work, or media coverage
• Reference and recommendation letters
• Proof of professional membership
• Patents, projects, or documentation of industry contributions, if applicable
• Documentation of income level or senior-level positions, if requested
• Documents related to application fees
• Marital status and family documents requested during later stages of the Green Card process

Once you've gathered the documents listed above, you'll also need to obtain any additional documents required for your specific visa category.

How Do You Obtain an EB-1 Visa?

The EB-1 application process can vary depending on the subcategory you apply under. The general process consists of the following steps:

1. Determine the Right Category

Based on an evaluation of the applicant's educational background, professional experience, achievements, and career profile, it is determined which category — EB-1A, EB-1B, or EB-1C — best fits.

2. Prepare the Application File

At this stage, you'll need the following supporting evidence and documentation:

• Awards
• Academic work
• Media coverage
• Reference letters
• Patents
• Corporate achievements
• Documents showing managerial positions, and other supporting documents

3. File the I-140 Petition

Form I-140, used for immigrant worker petitions, is submitted to USCIS. In the EB-1A category, applicants can file on their own behalf, while in the EB-1B and EB-1C categories, the petition must be filed by the employer.

In the EB-1A category, the applicant files on their own behalf. In the EB-1B and EB-1C categories, the U.S. employer must file the petition. Reference letters, academic work, awards, documentation of managerial experience, and other evidence submitted with the application are thoroughly reviewed by USCIS. Applicants can also utilize Premium Processing (Form I-907) to receive an adjudication on their I-140 petition within 15 to 45 calendar days. 

4. Move Into the Green Card Process

Once the I-140 petition is approved, the Green Card application is completed through one of the following paths, depending on eligibility:

• Adjustment of Status (filed from within the U.S.)
• Consular Processing

Which path applies depends on whether the applicant is inside or outside the United States at the time of filing. If the applicant holds a valid legal status within the U.S., they can apply for adjustment of status through Form I-485. If the applicant is living outside the U.S., the file is first transferred to the National Visa Center (NVC). At this stage, various application fees are paid and the required documents are uploaded to the system.

What Are the Advantages of the EB-1 Visa?

The EB-1 visa offers a number of advantages for highly qualified professionals and individuals with international achievements who want to immigrate to the United States:

• It provides a direct path to a Green Card
• The visa process can begin without a PERM labor certification
• Applicants in the EB-1A category can apply without a sponsor
• Spouses and children can be included in the Green Card process
• In most cases, the process is faster than other employment-based categories
• It grants the right to live and work in any U.S. state
• It provides a path to permanent residency on the way to citizenship

In short, once you obtain a Green Card through the EB-1 visa, securing permanent residency in the U.S. becomes much easier.

For help gathering the required documents and building a complete application file, you can reach out to us through our Business Immigration page as part of Yıldız Law's visa consulting services.

Frequently Asked Questions About the EB-1 Visa

Who Is Eligible for the EB-1 Visa?

The EB-1 visa can be granted to scientists, academics, researchers, artists, athletes, entrepreneurs, senior executives, and professionals who have achieved national or international recognition in their field. Applicants must be able to prove that their achievements go well beyond an ordinary level of success in their field.

Is It Difficult to Obtain an EB-1 Visa?

The EB-1 visa is one of the categories with the highest standards in the U.S. immigration system, which means not every application is approved. However, if you have a strong professional background, documentable achievements, and a properly prepared application file, you'll be in a strong position to obtain a Green Card.

You can also get EB-1 visa consulting to learn, alongside experienced attorneys, exactly what your application file needs to focus on.

How Long Does It Take to Get an EB-1 Visa?

The processing time for an EB-1 visa can vary depending on the subcategory you apply under (EB-1A, EB-1B, or EB-1C), the complexity of your file, USCIS's current workload, whether a Request for Evidence (RFE) is issued, and whether the Green Card process is handled from within the U.S. or through a consulate. Under standard processing, the I-140 petition is typically decided within a few months. However, this timeline only covers review of the I-140 petition itself — completing the Green Card process can take longer, depending on further review and visa availability.