US EB-1 Green Card Classifications at a Glance

The EB-1 petition is technically an employment-based visa, yet only the EB-1B and EB-1C classes require a prior US job offer before you can file. In those cases the employer is the petitioner, or sponsor. The EB-1A green card can be applied for without an employer.

Below we explain the different types of EB-1 petitions available:

1EB-1A: Foreign nationals with extraordinary ability

America is known for rolling out the red carpet for people with extraordinary ability in sports, the arts, science, education or business. 

This petition is for experts who enjoy national or international acclaim. That acclaim can be proven with documents such as awards or other certificates. 

These individuals are expected to keep working in their field once they arrive as permanent residents and to contribute to the United States. No employer or job offer is needed to file, however.

You can petition for the visa on your own. No sponsor is involved.

That is why clients who are businesspeople and qualify for an EB-1 green card usually go for the EB-1A.

2EB-1B: Outstanding researchers and professors

For academics with at least 3 years of research or teaching experience. Experts internationally recognized for their academic work can apply for EB-1B as outstanding researchers or professors. They must be able to show at least three years of research experience and have documented their notable contributions at institutions or companies. 

They must also hold a permanent, or prospectively permanent, position at a university or institution of higher learning. 

Alternatively, they can hold a comparable research position at a private company that employs at least three full-time researchers. 

3EB-1C: Multinational managers and executives

For people who, in the three years before applying, worked abroad for at least one year as a multinational executive or manager. They must also continue working as an executive or manager after arrival for the same company that employed them abroad. 

One advantage of the EB-1 petition is that no labor certification is required, a process that takes considerable effort. Even after certification, an applicant could be refused if a US worker with the technical qualifications for the job is found, even one who is not really suited to the role.

On top of that, an EB-1A petition does not require a permanent job offer: you can petition entirely on your own without a US employer. EB-1B and EB-1C petitions, by contrast, require a permanent job offer from a US employer, because the employer is the one who files. 

4EB-1A petition for foreign nationals with extraordinary ability: Form I-140

To file Form I-140 as a foreign national with extraordinary ability, you must be a nationally or internationally recognized expert in your field. Your Form I-140 petition must include evidence that proves it. 

The EB-1A immigrant visa is well known for its high bar and for being hard to get approved. That is why most immigrants avoid applying for permanent residence in this category. 

For certain nationalities, EB-2 and EB-3 petitions take years to be approved, even for people with extraordinary ability. So more and more of them choose the EB-1 Extraordinary Ability category (EB-1A or EB1-EA), which is directly available through the first preference category. 

Form I-140 for foreign nationals with extraordinary ability must be backed by documents proving the applicant's expertise and distinction. It must be clear that the applicant enjoys "sustained national or international acclaim" for their work. 

USCIS rules do not require an EB-1A applicant to hold a doctorate, even though one is commonly seen as evidence of extraordinary ability. 

5What are the criteria for an EB-1 Extraordinary Ability immigrant visa?

You can qualify for an EB-1 Extraordinary Ability immigrant visa if you meet these conditions:

• Extraordinary ability in business, science, the arts, education or athletics. 
• National or international acclaim in that field. 
• You will work in your field in the United States. 

If you meet all of the above, you do not necessarily need a job offer, as long as you will keep working in your field after entering the United States. If you do have a job offer, though, the US employer can file the initial EB-1 petition on Form I-140 for you with US Citizenship and Immigration Services (USCIS). 

6EB-1A extraordinary ability vs. EB-1B outstanding researcher/professor: the key differences

1. An EB-1A applicant does not need a job offer, unlike EB-1B. The latter requires a job offer from a US employer, because an EB-1B petition cannot be self-filed without that support. 
2. An EB-1A petition must include enough evidence that the applicant truly has "extraordinary ability" in their field. This bar is usually much higher than the "outstanding ability" expected for an EB-1B petition. 
3. An EB-1A applicant must show receipt of an internationally recognized award or meet at least three of ten criteria, backed by the right documents. EB-1B applicants, on the other hand, only need to show international recognition as outstanding researchers or professors, or meet at least two of six criteria set by USCIS. 

USCIS has set these requirements for EB-1 petitions:

"The EB-1 classification applies to people with extraordinary ability in the sciences, arts, education, business or athletics. The person must show national or international acclaim and that their achievements have been recognized in their field. They must be among the small percentage at the very top of their field. The person must intend to continue working in their area of expertise and must substantially benefit the United States."

7What EB-1A and EB-1B have in common and where they differ

7.1Similarities

• Neither category requires labor certification
• Both categories require proof of extraordinary or outstanding ability
• The supporting documentation for both petitions is similar

7.2Differences

• The EB-1A "extraordinary ability" category generally requires proof of higher achievement and ability
• The EB-1A "extraordinary ability" category covers fields such as science, the arts, education, business and athletics, while the "outstanding researcher/professor" category is limited to scientific or academic fields
• EB-1A requires no job offer, while EB-1B requires a job offer from a US employer
• An EB-1A applicant can file on their own initiative without a US employer's support, while for EB-1B the US employer has to file
• The EB-1B "outstanding researcher/professor" category requires at least three years of experience in a field, while the EB-1A "extraordinary ability" category has no minimum experience requirement

8The O-1 visa and the EB-1A petition

An approved O-1 visa does not automatically qualify you for EB-1A classification. USCIS will not take into account that it previously granted you an O-1 visa if the documents you submit do not sufficiently support approval of the EB-1A petition. 

USCIS treats every petition as separate and independent and always decides under the legal and regulatory requirements in force at the time. Different standards and criteria apply to applicants for the O-1 nonimmigrant visa in the arts, athletics and entertainment industry. So a person may have what it takes for the O-1 nonimmigrant visa but still needs "national or international acclaim" to meet the EB-1A immigrant criteria. 

In other words, an EB-1 applicant still has to meet every requirement USCIS sets in order to be approved. 

9EB-1A petitions for J-1 visa holders

A J-1 visa holder does not need a J-1 waiver (of the two-year home residency requirement) to file a Form I-140 petition in the EB-1 category. You can file the EB-1A petition and obtain the J-1 waiver later. However, even after the EB-1 approval, you remain subject to the home residency requirement until you receive the J-1 waiver, and only then can you change your status from J-1 to permanent residence in the USA. 

To learn more about the strongest of these categories, see our page on the EB-1A green card category; for a comparison with the O-1 visa, read O-1 visa or EB-1 green card. You will find every article on the topic in our EB-1A green card hub.

In short

• You apply for the EB-1A for extraordinary ability without an employer and without a job offer.
• The EB-1B for outstanding researchers and professors requires at least three years of research or teaching experience and a job offer from a US employer.
• The EB-1C for multinational managers requires at least one year of managerial work abroad for the same company within the three years before you apply.
• An approved O-1 does not automatically lead to an EB-1A; every petition is assessed on its own merits.

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