What is the USA EB-1 and who is it for
The USA EB-1 is the First Preference category within the employment-based immigrant visas — the highest priority group, usually with more favorable Priority Dates than EB-2 and EB-3. According to the U.S. Citizenship and Immigration Services (USCIS), EB-1 comprises three streams: EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers) and EB-1C (multinational managers and executives).
The greatest strength of EB-1 is that it does not require PERM labor certification. For EB-1A in particular, you can self-petition without an employer sponsor. This category suits professionals, scientists, artists, athletes or business leaders with outstanding achievements.
Not sure your profile is strong enough for EB-1? Get a free profile assessment so an M2W specialist can evaluate you against the criteria of each stream.
- No PERM labor certification required
- EB-1A allows self-petition — no employer sponsor required
- Green Cards for your spouse and children under 21
The 3 streams of the USA EB-1
Each EB-1 stream has its own criteria and target applicants. M2W specialists determine the best-fit stream after reviewing your record of achievements.
EB-1A
Extraordinary ability
For individuals with outstanding achievements in the sciences, arts, education, business or athletics. Self-petition is allowed, with no sponsor required.
EB-1B
Outstanding Professors & Researchers
For individuals internationally recognized in their academic field, with a minimum of 3 years of experience and an offer for a long-term position.
EB-1C
Multinational Managers & Executives
For managers/executives transferred to the USA by a multinational company, having worked at least 1 year at a foreign branch.
EB-1A Extraordinary Ability Criteria
Without a major international award (such as a Nobel Prize or Olympic medal), an EB-1A application must demonstrate meeting at least 3 of the 10 criteria set by USCIS. M2W specialists help you organize your evidence to match each criterion precisely.
- Awards and medals recognized within the field
- Membership in associations that require outstanding achievement for admission
- Coverage of your work in the press or specialized media
- Having served as a judge evaluating the work of others in the field
- Making original, significant contributions to science, academia, or business
- Authorship of scholarly articles in reputable journals
- Display of your work at exhibitions or artistic events
- Holding a leading role at a distinguished organization
- Remuneration significantly higher than the industry standard
- Commercial success in the performing arts
The EB-1 Application Process
EB-1 skips the PERM step, making the process more streamlined than EB-3. The application deals directly with USCIS and the Department of State.
Step 1 — Assessment & building the achievement record
M2W assesses your qualifications against the EB-1 criteria, develops a strategy to make the case, and gathers evidence (recommendation letters, publications, awards).
Step 2 — Filing the I-140 petition
File the I-140 petition with USCIS (EB-1A is self-petitioned; EB-1B/EB-1C are filed by the employer). Premium Processing is available.
Step 3 — Awaiting the Priority Date
Monitor the monthly Visa Bulletin. EB-1 generally has a more favorable Priority Date than the subsequent categories.
Step 4 — I-485 or consular interview
If in the USA, file the I-485 (adjustment of status); if in Vietnam, file the DS-260 and attend a consular interview, then receive the Green Card.
EB-1 Costs and Processing Times
The I-140 filing fee is currently $715 USD; with Premium Processing it is $2,805 USD for a result within 15 business days — according to the fee schedule of the U.S. Citizenship and Immigration Services (USCIS). There are also I-485 fees or immigrant visa fees, medical examination fees, translation, and service fees.
As for timing, because PERM is waived, EB-1 is generally faster than EB-3. The total time depends on the Priority Date per the Visa Bulletin and whether Premium Processing is used. See the cost structure on the pricing page; M2W provides specific figures after reviewing your case.
Comparing EB-1 with EB-2 NIW and EB-3
The three common employment-based immigration categories. EB-1 has the highest priority but requires outstanding achievements.
| EB-1Ưu tiên 1 | EB-2 NIW | EB-3 | |
|---|---|---|---|
| Preference group | First (highest) | Second | Third |
| PERM labor certification | Miễn | Miễn | Cần |
| Self-petition (no sponsorship needed) | EB-1A tự nộp | Self-application | Cần nhà tuyển dụng |
| Requirements | Outstanding achievements | Advanced degree + national interest | Skills / qualifications |
| Priority Date | Most favorable | Medium | Longer wait |
| Best suited for | Professionals, Scientists, and Executives | Professionals with exceptional ability | Skilled Tradespeople & Qualified Workers |
Frequently Asked Questions about USA EB-1
Does EB-1 require employer sponsorship?
EB-1A can be self-petitioned, without an employer. EB-1B and EB-1C require an employer (or multinational company) to file the I-140 petition.
Does EB-1 require PERM?
No. All three EB-1 streams are exempt from PERM labor certification, so the process is usually faster than EB-2 and EB-3.
How many criteria does EB-1A require?
Without a major international award, the application must demonstrate meeting at least 3 of the 10 USCIS criteria for extraordinary ability.
Can the whole family come along?
Yes. Your spouse and unmarried children under 21 receive accompanying visas and get a Green Card.
How long does EB-1 take?
Because it is PERM-exempt, EB-1 is usually faster than EB-3. The total time depends on the Priority Date per the Visa Bulletin; M2W provides a specific estimate based on your profile.
Is your profile strong enough for EB-1?
EB-1 is the highest-priority category but demands outstanding achievements. M2W specialists will assess your profile against each criterion and give you a candid view of your chances before you decide.
