EB-1 Visa

Helping Extraordinary Individuals, Professionals, and Executives Obtain U.S. Green Cards

The EB-1 visa is an employment-based green card for individuals with extraordinary ability, outstanding academic achievements, or executive leadership experience. It offers a fast-track path to permanent residency without requiring a labor certification, making it one of the most sought-after green card categories.

Gagliano Law, PLLC, assists professionals, academics, and executives in obtaining EB-1 green cards, ensuring compliance with federal immigration laws and helping applicants present strong petitions.

What Is the EB-1 Visa?

The EB-1 visa is the first preference category for employment-based green cards. It is divided into three subcategories:

1. EB-1A (Extraordinary Ability) – For individuals with exceptional achievements in science, arts, education, business, or athletics. No employer sponsorship required.
2. EB-1B (Outstanding Professors and Researchers) – For recognized academics with significant contributions to their field. Requires a U.S. employer.
3. EB-1C (Multinational Executives and Managers) – For high-level managers and executives transferring to a U.S. office of a multinational company. Requires a U.S. employer.

The EB-1 Visa Application Process

1. Establish Eligibility

Each EB-1 category has different requirements:

• EB-1A applicants must demonstrate sustained national or international acclaim through major awards, publications, media recognition, or industry contributions.
• EB-1B applicants need at least three years of teaching or research experience and must show significant scholarly contributions.
• EB-1C applicants must have held an executive or managerial role at a multinational company for at least one year in the past three years.

2. File Form I-140 (Immigrant Petition for Alien Worker)

• EB-1A applicants can self-petition, meaning they do not need a job offer or employer sponsorship.
• EB-1B and EB-1C applicants require a U.S. employer to file the petition on their behalf.

3. Adjustment of Status or Consular Processing

• If already in the U.S., applicants can file Form I-485 (Adjustment of Status) after I-140 approval.
• If outside the U.S., applicants must complete consular processing at a U.S. embassy.

4. Receive Green Card Approval

Once approved, applicants and their eligible family members (spouse and unmarried children under 21) receive permanent residency (green cards).

EB-1 Visa Benefits

• No labor certification required (faster processing than EB-2 and EB-3 categories)
• Self-petition option for EB-1A applicants (no employer sponsorship needed)
• Faster green card process compared to other employment-based categories
• Green cards for spouses and children under 21

EB-1 Visa Requirements for Each Category

Processing Time and Premium Processing

• Form I-140 Processing: 12-24 months (faster for EB-1A and EB-1B)
• Adjustment of Status (I-485): 8-14 months
• Premium Processing: Available for EB-1A and EB-1B (15-day expedited decision for an additional fee)

Transitioning from an EB-1 Visa to U.S. Citizenship

EB-1 green card holders can apply for U.S. citizenship after five years of lawful permanent residence, provided they meet residency and physical presence requirements.