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EB-1 Green Card Lawyers

Guide to the EB-1 Green Card: Requirements, Updates, Benefits, and Application Process

Navigating the path to U.S. permanent residency can be challenging, but for individuals with exceptional talents or achievements, the EB-1 Green Card offers a promising route. At Pollak Travel Nation, we specialize in helping clients achieve their immigration dreams through expert guidance and personalized support. In this comprehensive guide, we’ll explore what the EB-1 Green Card is, its requirements, recent policy updates, benefits, and the application process to help you determine if this pathway is right for you.

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What is an EB-1 Green Card?

The EB-1 Green Card, part of the employment-based first-preference visa category, is designed for individuals who demonstrate extraordinary ability, are outstanding professors or researchers, or are multinational executives or managers. This visa allows qualifying foreign nationals to live and work permanently in the United States without the need for a labor certification, which is a significant hurdle in other employment-based categories. The EB-1 category is split into three subcategories:

  • EB-1A (Extraordinary Ability): For individuals who can demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. A major one-time achievement (like a Nobel Prize) or meeting at least three of ten regulatory criteria is required.

  • EB-1B (Outstanding Professors and Researchers): For those with international recognition in their academic field, requiring at least three years of experience and a job offer from a U.S. employer.

  • EB-1C (Multinational Executives or Managers): For executives or managers who have worked for a multinational company abroad and are being transferred to a U.S. affiliate.

Unlike many other green card categories, EB-1A applicants can self-petition, meaning they don’t need a U.S. employer to sponsor them. This flexibility makes the EB-1 a highly sought-after option for top-tier professionals worldwide.

EB-1 Green Card Requirements

Qualifying for an EB-1 Green Card requires meeting stringent criteria, as the U.S. Citizenship and Immigration Services (USCIS) reserves this category for the most exceptional individuals. Here’s a breakdown of the requirements for each subcategory:

  • EB-1A (Extraordinary Ability): Applicants must show sustained national or international acclaim by either providing evidence of a major award (e.g., an Oscar or Pulitzer) or meeting at least three of the following ten criteria: receipt of lesser nationally or internationally recognized awards; membership in associations requiring outstanding achievement; published material about the applicant in major media; judging the work of others; significant contributions to the field; authorship of scholarly articles; artistic exhibitions; leading roles in distinguished organizations; a high salary compared to peers; or commercial success in the arts. Additionally, the applicant must intend to continue working in their field and demonstrate that their work will substantially benefit the U.S.

  • EB-1B (Outstanding Professors and Researchers): Applicants must demonstrate international recognition through at least two of six criteria, such as major awards, membership in prestigious associations, published material about their work, judging others’ work, original research contributions, or authorship of scholarly works. They must also have at least three years of teaching or research experience and a job offer from a U.S. employer.

  • EB-1C (Multinational Executives or Managers): Applicants must have been employed abroad by a qualifying multinational company for at least one year in the past three years in a managerial or executive role and must be transferring to a U.S. affiliate in a similar capacity. The U.S. employer must file the petition and demonstrate the ability to pay the offered wage.

These requirements are rigorous, but at Pollak Travel Nation, we help clients compile compelling evidence to meet these standards and present a strong case to USCIS.

Recent USCIS Policy Updates

USCIS periodically updates its policies to provide clarity and flexibility for EB-1 applicants. Here are the most recent changes as of May 2025:

  • October 2024 Update on EB-1A Evidence: USCIS issued new guidance on October 2, 2024, clarifying the types of evidence for EB-1A extraordinary ability classifications. Key changes include considering team awards as valid evidence for lesser nationally or internationally recognized prizes, accepting past memberships in prestigious organizations (not just current ones), and removing the requirement that published material must explicitly highlight the applicant’s contributions. Additionally, non-artistic exhibitions are now considered under the comparable evidence criterion, benefiting professionals in fields like science and technology.

  • September 2023 Guidance: A prior update in September 2023 focused on extraordinary ability and outstanding professor/researcher classifications, offering examples of evidence particularly for STEM fields. This guidance emphasized a holistic evaluation of evidence to determine eligibility.

  • Increased Flexibility: These updates reflect USCIS’s effort to make the EB-1 process more transparent and accessible, especially for individuals in collaborative fields or those without direct individual recognition. However, the high standard of “sustained acclaim” remains, requiring careful preparation of evidence.

These updates can significantly impact your application strategy. At Pollak Travel Nation, we stay informed about policy changes to ensure your petition aligns with the latest USCIS guidelines.

EB-1 Visa Benefits

The EB-1 Green Card offers several advantages, making it an attractive option for eligible individuals:

  • No Labor Certification Required: Unlike EB-2 and EB-3 categories, EB-1 applicants (especially EB-1A) don’t need a PERM Labor Certification, which can take months or years and involves proving no qualified U.S. workers are available for the job.

  • Self-Petition Option (EB-1A): EB-1A applicants can file without a U.S. employer, providing greater autonomy and flexibility.

  • Faster Processing: EB-1 visas generally have shorter wait times compared to other categories. Priority dates are often current, meaning no backlog for most countries, and concurrent filing (I-140 and I-485 together) can expedite the process to as little as 15 months. Premium processing for Form I-140 can further reduce the timeline to 15 days for an additional fee.

  • Family Inclusion: Spouses and unmarried children under 21 can apply for derivative visas (E-14 or E-15 status), allowing the entire family to live, work, and study in the U.S.

  • Flexibility in Employment: While EB-1B and EB-1C are tied to specific employers, EB-1A holders have more freedom to change jobs as long as they continue working in their field of expertise.

  • Path to Citizenship: As permanent residents, EB-1 Green Card holders can apply for U.S. citizenship after five years, enjoying all the rights of a U.S. citizen, including voting and passport access.

These benefits make the EB-1 a powerful tool for professionals seeking to build a future in the U.S. At Pollak Travel Nation, we’ve helped countless clients leverage these advantages to achieve their immigration goals.

EB-1 Green Card Application Process

The EB-1 Green Card application process involves several steps, and thorough preparation is key to success. Here’s a step-by-step guide:

  1. Determine Eligibility: Assess which EB-1 subcategory you qualify for (EB-1A, EB-1B, or EB-1C) based on your achievements and career history. Consulting with an experienced immigration service like Pollak Travel Nation can help you evaluate your qualifications.

  2. Gather Evidence: Compile documentation to meet the required criteria. For EB-1A, this might include awards, publications, and letters of recommendation. For EB-1B and EB-1C, you’ll need employer support and proof of your role or experience.

  3. File Form I-140: The primary step is filing Form I-140, Immigrant Petition for Alien Worker. EB-1A applicants can self-petition, while EB-1B and EB-1C require an employer to file. The filing fee is $700, and premium processing ($2,500) can expedite adjudication to 15 days.

  4. Concurrent Filing (If Eligible): If your priority date is current (check the USCIS Visa Bulletin), you can file Form I-485 (Adjustment of Status) concurrently with the I-140 to apply for a green card without leaving the U.S. The I-485 fee is $1,140. You can also file Form I-765 (work authorization) and Form I-131 (travel document) to work and travel while your application is pending.

  5. Consular Processing (If Abroad): If you’re outside the U.S., after I-140 approval, your case is transferred to the National Visa Center (NVC) for consular processing. You’ll attend an interview at a U.S. embassy or consulate.

  6. Await Decision: Processing times vary. I-140 processing averages 7.6 months (or 15 days with premium processing), and I-485 averages 6.9 months if filed concurrently. Consular processing timelines depend on the embassy’s schedule.

  7. Receive Green Card: Once approved, you and your family (if included) will receive your green cards, granting permanent residency.

At Pollak Travel Nation, we guide clients through each step, ensuring all documentation is meticulously prepared to maximize approval chances. Our high trust score reflects our commitment to delivering successful outcomes.

How Much Does the EB-1 Cost?

Here is a breakdown of the basic mandatory fees you will encounter while pursuing an EB-1 green card:

Applying from outside the U.S.

  • I-140 petition: $715

  • DS-260 application fee: $345

  • Immigrant Fee (payment for green card processing): $220

  • Premium Processing Fee (optional): $2,805

Applying from inside the U.S.

  • I-485 Filing Fee: $1,440

  • I-140 petition: $715

  • Premium Processing Fee (optional): $2,805

  • Optional EAD (Employment Authorization Document): $260

  • Optional Advance Parole Document (travel): $630

Pollak Travel Nation Attorney Fees

  • $5,900-$6,500
  • $1,900 for I-485 fee, Adjustment of status

You should also factor other costs into your EB-1 process, such as traveling costs and attorney fees. You can see our flat rate for employment-based green cards on our fees page.

Common EB-1 Mistakes to Avoid

Just like with any green card or visa, there are some things that you should look out for:

  1. Wrong Category – There are three categories to choose from. Although EB-1C is distinct, some applicants mistakenly apply for either EB-1A when they qualify for EB-1B and vice versa. Play to your strengths and apply for the suitable category.
  2. Weak Letter of Recommendation – Strong letters of recommendation can significantly increase the chances of approval. Focus on getting this letter from reputable individuals who can truly showcase you as an extraordinary person.
  3. Submitting the Petition by Yourself – There is nothing wrong with submitting an EB-1 application by yourself if you are very familiar with U.S. immigration law. The reality, however, is that EB-1 green cards are one of the most complicated applications that even an attorney will deal with. Make sure you receive proper representation from an experienced attorney if you want your application to succeed.

What Happens if My EB-1 Is Denied?

After all of the time, money, and work put into an EB-1, getting a rejection or denial can be devastating. If you are looking to avoid this scenario or you have already received a rejection or denial notice, then the following information is for you.

Rejection vs Denial

Firstly, we need to distinguish between the terms “rejection” and “denial”. In everyday speech, these terms are synonymous. However, in the language of immigration law, they have different meanings.

Each EB-1 petition is adjudicated using a two-pronged approach. In the first phase, an evaluating officer will check to see if:

  • All required information and documents are present with the petition
  • All of the information is accurate and consistent
  • The fees are adequate and properly filed

If your petition does not pass this stage, then it will likely be rejected. Fixing the error or omission and refiling is often the best thing to do in these cases. However, you will be responsible for new fees.

If your petition passes the first stage, then the evaluating officer will review the evidence and assess whether or not you and your employer (if applicable) merit an EB-1 green card. If not, then you may expect to see a denial notice. In these cases, refiling often isn’t the best option. Instead, you may want to talk to your attorney about filing a legal motion or going through the appeals process.

Legal Motions

Filing a legal motion is essentially like appealing to the evaluating officer that processed your petition. There are two kinds of motions that can be filed:

  • Motion to Reopen: If you can present more evidence that was not submitted with the previous petition, and if that evidence would likely have a significant impact on the decision to deny your EB-1 petition, then you might be able to file a motion to reopen. However, this is only if new evidence has come to light.
  • Motion to Reconsider: If you believe that the evaluating officer was incorrect in his or her decision from a legal standpoint, then you might be able to go with a motion to reconsider your case. This, like all motions and appeals, should not be done without the help of an experienced immigration attorney.

Appealing

Lastly, you can also bring your case to a third party to appeal the decision. In immigration law, that third party will be the Administrative Appeals Office, which has a track record of upholding the decisions of the evaluating officers.

How to Respond to EB-1 Requests for Evidence

If an evaluating officer is reviewing your case and notices that some extra documentation would bolster your candidacy for an EB-1, he or she may issue a Request for Evidence (RFE). These can range from simple requests for missing documents, such as birth certificates or passports, to requests for more complicated things, such as proof that you work in a managerial capacity for an EB-1C or proof of your achievements for an EB-1A.

If you do get an RFE, the first thing you should do is take it to your attorney so that you can file a satisfactory and timely response. There are three kinds of ways to respond to an RFE for your EB-1 green card:

  • A full response where you give all of the evidence requested
  • Partial response where you only give some of the evidence requested (either by choice or because the evidence is not available)
  • A withdrawal of your petition.

Our EB-1 lawyers are experienced with all types of scenarios, even the ones that require RFEs. Schedule a consultation and ensure your EB-1 visa worker’s application is in safe hands.

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