EB-1 Visa: Everything You Need to Know in 2026

The EB-1 visa is an option if you have achieved enough success in your career that you can argue you’re at the very top of your field. Certain company executives also qualify when transferring from a foreign to a U.S. company. Whichever way you qualify, you’ll receive priority processing from U.S. Citizenship and Immigration Services (USCIS), because the EB-1 is considered the highest preference category of employment-based immigrant visas. At the same time, the process can take years and the bar for acceptable career achievements is high.

What is an EB-1 visa?

The EB-1 is an employment-based visa that offers permanent resident status (a Green Card) to foreign individuals who fall into one of three types:

1. Proven “extraordinary ability” in your career or field (EB-1A visa)
2. Outstanding researchers and professors (EB-1B visa)
3. International managers and executives (EB-1C visa)

The EB-1 visa is considered the first-preference category for employment-based Green Cards.

How visa preference categories work

The types of available U.S. immigrant visas are divided into multiple preference categories—five for family-based visas and five for employment-based visas. More people want to become permanent residents in the U.S. than there are available visas, so the government created preference categories to help it easily decide which applications to consider first.

For employment-based visas, higher preference is given to the types of workers or professionals who the U.S. believes can provide more to the economy, society, or government. As an example, someone who has achieved success in a highly specialized role that requires years of training (as with EB-1 visas) is generally prioritized over a worker who has just started their career or who is in a field where many Americans already work.

Benefits of an EB-1 visa

The EB-1 stands out as one of the most prestigious types of Green Card visas. Here are a few reasons why:

1. Shorter processing times: EB-1 is the highest preference category, so wait times are usually faster compared to similar paths, like the EB-2 or EB-3 visas.
2. No need for labor certification: EB-1 cases don’t require PERM labor certification, which can take two years or more to process.
3. Self-petition available for EB-1A: You are not dependent on an employer to sponsor you if you’re eligible for an EB-1A visa. Known as self-petitioning, this also gives you the option of self-employment after moving to the U.S.

EB-1 visa requirements

To receive an EB-1 visa, you need to show that you qualify under one of the three eligibility categories. Each category has its own criteria, but you always need clear documentary evidence that you meet the requirements and that you plan to continue the same type of work after you move to the U.S. With the exception of EB-1A applicants, you also need to show that you have a job offer from a U.S. employer.

EB-1A for extraordinary ability

Proving that you are eligible for the “Extraordinary Ability” EB-1A visa requires you to demonstrate notable achievements in your field, which must be in the sciences, arts, education, business, or athletics. That generally means showing high earnings, notable media recognition, or participation in important organizations.

The exact evidence you need will depend on your field or profession, but USCIS requires you to meet a high bar of evidence.

EB-1B for outstanding researchers and professors

The EB-1B visa is specifically designed for professors and researchers who have shown outstanding achievements in their academic or research careers. To qualify, you need clear evidence of your career success.

The EB-1B visa also requires sponsorship from a U.S. employer, and the role must be permanent or indefinite. For example, a tenure or tenure-track position as a professor can qualify. Roles with a university or private company can qualify as long as there are at least three other full-time researchers on staff.

EB-1C for multinational managers and executives

The EB-1C visa is available to multinational managers and executives who work abroad but are transferring to the U.S. to work in a similar role and company. Eligibility hinges on proving a qualifying relationship between the companies you work for—parent-subsidiary, branch, or affiliate—in addition to showing that your role is that of a true company executive.

Having a job title that includes “manager” or “executive” isn’t enough. USCIS will need to see that your role primarily involves either supervising the work of other professionals or overseeing a clearly defined and essential function within the organization. You also need some level of discretion to make business and personnel decisions, while generally having supervision from only high-level company executives, the board of directors, or stockholders.

If you work for a small company, you may have a harder time qualifying, since there must be enough staff to justify the presence of an executive. Having a strong application packet is critical, so we recommend that you talk to an EB-1 lawyer.

How to apply for an EB-1 visa

There are two paths to apply for an EB-1 visa, depending on whether or not you already live in the U.S. If you do, the process involves adjustment of status through USCIS. If you live in another country, the application requires consular processing with the U.S. Department of State.

No matter which path you use, the process starts by submitting Form I-140 to formally apply for the EB-1 visa. After getting the I-140 approved, you will need to file a separate Green Card application, submit additional documents, and attend a few appointments: biometrics, medical exam, and an in-person interview.

Here’s the basic EB-1 (and Green Card) process:

1. File Form I-140. The official visa petition for an EB-1 is Form I-140. EB-1A applicants can self-petition, but for everyone else, an employer needs to file the I-140.
2. Wait for a current priority date. You need to wait for an actual visa to become available. The wait depends on your exact preference category and which country you’re from. You can see visa availability through the monthly Visa Bulletin.
3. File the Green Card application. Once you have an available visa, you’ll need to file either Form I-485 to adjust your status (if you live in the U.S.) or Form DS-260 for consular processing (if you live abroad).
4. Submit additional forms and documents. Consular processing also requires Form I-864, and USCIS or the Department of State may send you other requests for evidence.
5. Attend a biometrics appointment. Submit fingerprints, a photo, and a signature.
6. Attend a medical exam. All applicants need a medical examination from an approved doctor.
7. Attend a visa interview. In the Green Card interview, a USCIS or consulate officer will confirm your application and ask for any other information needed to decide on your application.
8. Wait for Green Card approval. While waiting, you can check your case status online.

How long it takes to get an EB-1 visa

Applying for an EB-1 visa can take two to three years for many people, and it’s not uncommon for the process to go longer.

First, the time it takes to build your application can be significant. Depending on your case and whether or not you have a lawyer, expect six to 18 months.

Next, USCIS processes most Form I-140 petitions within two years for EB-1 applicants. Your wait time could be longer or faster depending on which type of EB-1 you apply under and how strong your evidence is. Applicants can also pay extra for premium processing, which guarantees a USCIS response within 15 business days for the EB-1A and EB-1B, or within 45 business days for the EB-1C.

After your petition is approved, how long you wait for a visa to become available depends on the country you come from. In particular, anyone from China, Mexico, India, or the Philippines, may have to wait months or years longer than others.

To help you set realistic expectations, Manifest tracks the latest EB-1 processing times.

The cost to get an EB-1

The cost to get an EB-1 visa breaks down into two types of fees: lawyer fees and the necessary government or filing fees.

EB-1 visa filing fees

The filing fees for an EB-1 generally range from about $2,500 to $4,000, with an additional $2,965 if you opt for premium processing. Here’s a quick overview of the current filing fees, though always check USCIS’s official fee schedule for the most up-to-date fees.

*As of April 2024, most Form I-140 petitioners need to pay an Asylum Program Fee, even if they aren’t filing on behalf of an asylee.

EB-1 lawyer fees

Lawyer fees vary based on where you live and what type of firm you work with. In all cases, you should look for a firm that has experience with EB-1 visas.

Here at Manifest Law, our immigration lawyer fees for an EB-1 start at $8,995, with no hourly billing, no hidden charges, and no surprises. While you can choose higher-level packages, you’ll know exactly what you’re paying for from day one.

Getting started on the EB-1 process

The EB-1 visa process is long, complex, and unpredictable. Having an experienced EB-1 lawyer on your side allows you to navigate the substantial paperwork and case-building strategy with confidence. Manifest immigration lawyers have an average of 10+ years of experience and offer flexible payment plans with a visa-approved or money-back guarantee.

Don’t waste any more time. Request a consultation with a Manifest attorney and start the process to get your EB-1 and Green Card today.

Common questions about EB-1 visas

Is an EB-1 the same as a Green Card?

No. The EB-1 is an immigrant visa that allows you to move to the U.S. with lawful permanent resident status. A Green Card is the physical document you receive after you become a resident. The Green Card proves that you have resident status, and you can use it to apply for jobs or otherwise demonstrate that you’re legally allowed to live and work permanently in the U.S.

How do visa preference categories work?

The U.S. government created preference categories to help it sort and prioritize the high volume of applicants who want to become permanent residents. Higher preference is given to professionals who the U.S. believes can provide more to the economy, society, or government. As an example, workers in a specialized job that requires years of training (as with EB-1 visas) are generally prioritized over workers who just started their careers or do jobs that many American workers can already do.

How hard is it to get an EB-1 visa?

It takes a lot of time and energy to go through the EB-1 application, but if you build a strong application, the 2025 approval rate for EB-1 visas was about 83%, according to USCIS data.

Is an EB-1 better than an EB-2 visa?

The EB-1 visa has the highest preference category for employment-based visas. That means you’re likely to experience lower wait times for an EB-1 than for an EB-2 visa. However, if your goal is to self-petition and you don’t quaify qualify for an EB-1A, your only other option is the EB-2 NIW.

How do I go from an O-1 visa to an EB-1A?

The documents you included in your O-1 work visa petition are a great place to start your EB-1A petition packet. However, even though both visas have similar requirements, USCIS applies a higher standard for the EB-1A. Talking to an immigration attorney will help you understand what more you need. Also check our guide to going from an O-1 to an EB-1A visa.