H-1B to EB-1: How to Transition to a Green Card, Faster

For many skilled professionals on H-1B visas, the path to permanent residency leads to the EB-1 Green Card. With new policies, including a $100,000 H-1B filing fee, more workers are looking to the EB-1 as a faster, more secure option to stay and work in the U.S.

This guide explains how to transition from the H-1B visa to the EB-1 Green Card, what each EB-1 category requires, and how to navigate filing, eligibility, and status maintenance in 2025.

Can you move from the H-1B to EB-1?

Yes, H-1B visa holders can transition to an EB-1 Green Card if they meet the EB-1 eligibility criteria. Depending on the category (EB-1A, EB-1B, or EB-1C), you may self-petition or apply through an employer. The process involves filing Form I-140, proving extraordinary ability or leadership, and adjusting status via Form I-485 once your priority date is current.

The United States has created several programs to attract skilled workers from around the world. The H-1B visa is one path, but as a “nonimmigrant” visa, it only allows you to stay in the country for up to six years. If you want to stay in the U.S. and build a life permanently here,  you’ll need to transition from an H-1B to a Green Card. 

Many skilled workers choose to go from the H-1B to an EB-1 Green Card, specifically. The EB-1 is designed for individuals at the top of their field and if approved, grants authorization to live and work permanently in the U.S.

But be cautious: what may qualify you for H-1B does not instantly meet the EB-1 standard — you must meet a higher evidentiary threshold and align with a specific EB-1 subcategory.

What is an EB-1 Green Card?

An EB-1 Green Card falls under the U.S. employment-based first preference (EB-1) category. It is reserved for individuals who have achieved extraordinary ability, academic distinction, or managerial/executive experience with multinational firms.

While the EB-1 has strict eligibility requirements, it has two crucial advantages over other Green Card options:

• The EB-1 has the shortest wait times on the Visa Bulletin, meaning that, if you qualify, you can apply for your Green Card often years before applicants in other employment-based visa categories. This is especially important for people from countries with large backlogs: Indian nationals have to wait only several years to apply for the EB-1, versus several decades for the EB-2 and EB-3.
• No PERM labor certification is required, which can cut 2-3 years from the application timeline.

The EB-1 category is divided into three subcategories: EB-1A (Extraordinary Ability), EB-1B (Outstanding Professor / Researcher), EB-1C (Multinational Manager / Executive).

EB-1A, Extraordinary Ability

You will need to demonstrate your extraordinary ability in one of the following fields: science, art, education, business, or athletics. You must showcase this through continued national or international acclaim, such as winning major awards.

The EB-1A visa is unique because it allows for self-petitioning, meaning you don’t need a job offer or an employer to sponsor you when you apply. The only other employment-based Green Card that allows for self-petitioning is the EB-2 NIW.

EB-1B, Outstanding Professors and Researchers

You must demonstrate high-level recognition for academic achievements. For an EB-1B, you must have at least three years of teaching or research experience in your academic field, and you must be entering the U.S. to pursue tenure or a tenure-track teaching position at an institution of higher education, or you will pursue a comparable research position at a company. The EB-1B petition must be filed by the university or company seeking to hire you.

EB-1C, Certain Multinational Managers and Executives

You must work for a multinational corporation based in the U.S. but have been employed for the same or related company outside the U.S. for at least one year in the three years preceding your petition. Your employer petitions for this Green Card and must intend to employ you in a managerial or executive role. 

What if your H-1B is about to expire?

In September 2025, President Donald Trump signed an executive order requiring a $100,000 fee for all new H-1B petitions. If you’re currently in the U.S., you can change H-1B employers without the new employer having to pay the $100,000 fee, according to the most recent USCIS guidance.

However, if you’re outside the U.S., the $100,000 fee will apply to new H-1B petitions, so it might be much more difficult to receive a new H-1B visa if an employer isn’t willing to pay it. Because the fee doesn’t apply to Green Card applications, transitioning to the EB-1 may be one of your best chances to be able to return to living and working in the U.S.

How to transition from H-1B to EB-1 Green Card

If you’re ready to explore how to go from the H-1B visa to an EB-1 Green Card, here are the typical steps involved (when applying for EB-1 within the United States):

1. Determine your eligibility

Look over the different subcategories of EB-1 to see if you qualify. For EB-1B and EB-1C, your employer must petition on your behalf. Remember, there is a high bar for documentation and evidence. If you don’t believe you’ll qualify, you could try asking your employer to petition on your behalf for the EB-2 PERM or EB-3 PERM visas.

2. Gather documentation 

On Form I-140, you or your sponsor will be expected to provide documentation that showcases your ability, like major awards, academic publications, or a description of your managerial duties for the role you will take on.  

3. File Form I-140 

If applying for an EB-1A Green Card, you can self-petition. For the EB-1B and EB-1C Green Cards, your employer must file Form I-140 to petition on your behalf. 

There are several fees associated with filing Form I-140, like a filing fee ($715) and an Asylum Program fee ($0-600 depending on who files the form). You or your employer might also want to opt for premium processing. This reduces the processing time for Form I-140 from several months to 15 business days for EB-1A and EB-1B applications, and 45 business days for EB-1C petitions. As of 2025, the premium processing fee is $2,965. 

If your I-140 or PERM was filed at least 365 days before your requested H-1B extension start date and is still pending, you can apply for a one-year extension of your H-1B status even if your six-year H-1B period has expired. If your I-140 is approved but a Green Card isn’t available yet, you can apply for three-year extensions of your H-1B status. 

4. Adjust status with Form I-485

If your priority date is current on the Visa Bulletin, that means you can file Form I-485 to adjust your status from H-1B to legal permanent resident. If you haven’t yet filed I-140 and an EB-1 Green Card is immediately available to you, you can file I-140 and I-485 concurrently. This can accelerate processing. 

We’ll discuss priority dates more below.

If your I-485 is pending, you qualify for a period of authorized stay until USCIS adjudicates your I-485, even if your H-1B status expires.  You can also request an EAD (Employment Authorization Document; file Form I-765) and an Advance Parole document to allow you to work and travel while the I-485 is pending.

Benefits of the EB-1 category vs other Green Cards

Since getting an EB-1 Green Card is usually a quicker process than receiving other forms of permanent residence, it is definitely worth considering if you have an H-1B and want to live in the U.S. 

You can apply for the EB-1 years earlier

When applying for an EB-1, it is essential to pay attention to your priority date. For EB-1 applicants, this is the date USCIS confirmed receipt of the I-140, either submitted by you or your employer. The State Department publishes a monthly Visa Bulletin that says which priority dates are “current” based on categories and country of origin.  

The EB-1 priority dates are several years earlier than those of other Green Card categories. For certain countries, such as India and China, that have large populations of individuals applying for Green Cards, the wait time for their priority date can be as much as a decade or more in many categories, whereas the EB-1 priority dates are only backlogged by about three years. 

You qualify based on your abilities, so you don’t need PERM

Other Green Cards require your employer to file a PERM labor certification with the Department of Labor. With the EB-1, you don’t need to go through this process, which can add years to your timeline.

Instead, EB-1 approvals hinge on clear, independent evidence that you rank at the top of your profession. Beyond major awards in your field, you can show your extraordinary ability to the USCIS in other ways, including:

• Evidence of your ability written up in a trade journal or other major publications related to your work. 
• Evidence of critical or commercial success in the arts.
• Evidence of significant, original contributions to the field. 

For EB-1A applicants, USCIS has a list of 10 criteria, and you must demonstrate three of them to be considered. It has similar lists for EB-1B petitioners. For EB-1C, your employer must outline the duties of your managerial or executive position and prove your past experience in a managerial or executive role for a related organization overseas. 

Maintaining H-1B status while EB-1 Green Card petition is pending

While waiting for a decision on your EB-1, you must maintain lawful H-1B status. If you have an I-140 and I-485 pending, you can stay in the country even after the six years of your H-1B period of general admission. However, violations of immigration law can impact your status adjustment. 

Violations can include working outside the scope of your approved petition or for another employer without USCIS authorization. Misrepresenting information on any of your forms can also affect your ability to get a Green Card. Don’t let your H-1B status lapse by not properly filing for extensions or a change of status if you lose your job. 

Responding to RFEs and the need for strong documentation

You might receive a Request for Evidence (RFE) for your EB-1 application. Generally, this means that USCIS requires additional documentation to support your petition. When H-1B visa holders apply for EB-1 Green Cards, a common RFE is for proof that they meet the extremely high bar for EB-1. 

If you receive an RFE while applying for an EB-1 Green Card as an H-1B, here’s how Manifest Law can help you respond.

Generally, proving how extraordinary you are is even harder for an EB-1 than for an H-1B. USCIS also wants to know how your achievements set you apart from others in your field, or how your evidence meets the USCIS’s strict EB-1 criteria. 

An RFE might also indicate an issue with your filing, such as an unanswered question on one of the forms. You want to respond promptly – work with your attorney and employer (unless you are self-petitioning for an EB-1A) to fulfill these requests.

Quick H-1B visa to EB-1 Green Card checklist

Before filing, ensure:

1. You match one EB-1 subcategory
2. Your priority date will likely become current soon
3. Strong, well-documented evidence is assembled
4. Employer letters and role descriptions are airtight
5. H-1B status will remain valid throughout the process
6. You have contingency for RFE responses

Consider transitioning from H-1B to EB-1 with Manifest Law

While applying for a Green Card can be challenging for anyone, the EB-1’s strict requirements mean that you could have a higher bar to clear than if you were applying for another Green Card. That makes it crucial to enlist the help of an attorney experienced in immigration law.

If you’re a worker on an H-1B visa considering a new opportunity, our team can help you understand your options, handle the paperwork, and ensure your transfer is completed smoothly so you can focus on your career.

If you’re an employer wondering what steps you need to take to bring an EB-1 employee on board, Manifest Law’s H-1B and Green Card lawyers have experience guiding companies of all sizes through the transfer process with confidence and compliance.
👉 Ready to get started? Request a consultation with Manifest Law today to learn how we can support your H-1B to EB-1 transition.