The fastest employment-based Green Card category — covering EB-1A (extraordinary ability), EB-1B (outstanding professors & researchers), and EB-1C (multinational managers & executives). No PERM required for any category.
The EB-1 first preference employment-based category is the fastest and most prestigious employment-based Green Card track. Priority dates are generally current for most countries — meaning there is typically no Visa Bulletin wait for non-Indian, non-Chinese applicants. None of the three EB-1 subcategories require PERM labor certification.
EB-1 covers three distinct subcategories: EB-1A for individuals with extraordinary ability (self-petition, no employer required); EB-1B for outstanding professors and researchers (employer-sponsored, permanent job offer required); and EB-1C for multinational managers and executives (employer-sponsored, qualifying intracompany transfer required). Each has its own standard, criteria, and evidence requirements.
"EB-1 is the gold standard of employment-based immigration — fast priority dates, no PERM, and the highest category in the employment-based preference system. Attorney Shair evaluates every client's profile across all three subcategories before recommending the strongest strategy."
Each subcategory has different requirements — Attorney Shair identifies which best fits your profile, and whether filing multiple categories simultaneously is advantageous.
EB-1A (Extraordinary Ability) is a self-petition for individuals at the very top of their field — no employer sponsor, no PERM. Must meet 3 of 10 criteria and a final merits determination. EB-1B (Outstanding Professor/Researcher) requires an employer (university or research institution), a permanent job offer, international recognition as outstanding in the field, and 3 years of research/teaching experience. No self-petition — employer must file. EB-1C (Multinational Manager/Executive) requires a qualifying multinational employment relationship, at least 1 year of qualifying foreign employment in the last 3 years, and transfer to a U.S. entity in a managerial or executive role. All three categories have no PERM requirement and generally current priority dates.
For EB-1B, 'outstanding' is defined by six regulatory criteria — you must meet at least 2: (1) receipt of major prizes or awards; (2) membership in associations requiring outstanding achievements; (3) published material in professional publications about your work; (4) participation as a judge of others' work; (5) original scientific or scholarly research contributions of major significance; (6) authorship of scholarly books or articles with international circulation. The standard for EB-1B ('outstanding' in a specific academic field) is somewhat lower than EB-1A ('extraordinary' in a broad field), making it accessible to strong academics even without Nobel Prize-level recognition.
For EB-1C, the U.S. position must be in a 'managerial' or 'executive' capacity as defined under INA § 101(a)(44). A manager directs the work of other professionals, manages an essential function, or manages a department — with authority to make personnel decisions or recommend them. An executive directs the management of the organization, establishes goals and policies, exercises wide latitude in decision-making, and receives only general supervision from higher-level executives or a board. USCIS scrutinizes EB-1C petitions closely for startups and small companies — the U.S. entity must be sufficiently large and operational to support a genuine managerial or executive role.
Yes — there is no prohibition on filing multiple I-140 petitions in different categories simultaneously. Many outstanding researchers file both EB-1A (self-petition) and EB-1B (employer-sponsored) at the same time using largely the same evidentiary record. The advantage: if USCIS denies one petition, the other may still be approved; and the approved petition locks in the earlier priority date. Attorney Shair frequently recommends this dual-track strategy for academic researchers and scientists who meet both standards.
EB-1 petitions — especially EB-1A — are won or lost on the quality of the legal brief and the completeness of the evidentiary record. Attorney Shair has deep expertise across all three EB-1 subcategories. He evaluates every client's profile comprehensively before recommending a strategy, drafts expert letters that specifically address the applicable legal standard, and writes detailed, well-researched legal briefs that give every petition the strongest possible foundation.
Attorney Shair evaluates your profile across all three EB-1 subcategories and recommends the strongest strategy — free consultation, no obligation.