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EB-1 Extraordinary Ability Green Cards
Tatiana Aristova, Esq. (Admitted in PA, NJ)
Member of American Immigration Lawyers Association (AILA)REQUEST A CONSULTATIONThe EB-1 green card is the first-preference employment-based category for people at the very top of their field. It is the most prestigious — and often the fastest — path to U.S. permanent residency, and the EB-1A extraordinary ability route can be self-petitioned with no employer and no labor certification.
Tatiana S. Aristova, Esq. has spent over 25 years winning extraordinary-ability cases for scientists, athletes, startup founders, artists, and other accomplished professionals. She knows exactly how USCIS weighs each regulatory criterion and how to present your record so it clears the final merits review.
Whether you are a researcher, founder, or executive transferring to a U.S. company, Ms. Aristova will assess your eligibility for EB-1A extraordinary ability or EB-1C multinational manager status, build an evidence-driven petition, and represent you nationwide from filing through approval.
Do You Qualify For An EB-1 Green Card?
The EB-1 first-preference category is for individuals at the top of their field and for the multinational companies that transfer key executives and managers to the United States. EB-1A extraordinary ability can be self-petitioned with no employer and no labor certification; EB-1C is filed by a U.S. employer but, like EB-1A, skips PERM. Eligibility turns on the evidence you can present — which is exactly where experienced counsel makes the difference.
EB-1A — Extraordinary Ability (Self-Petition)
For individuals with sustained national or international acclaim. No employer or job offer is required — you can petition for yourself by meeting at least three of these ten criteria (or by showing a one-time major internationally recognized award, such as a Nobel Prize or Olympic medal):
- 01Receipt of nationally or internationally recognized prizes or awards for excellence
- 02Membership in associations that require outstanding achievement, judged by recognized experts
- 03Published material about you in professional publications or major media
- 04Participation as a judge of the work of others in your field
- 05Original scientific, scholarly, artistic, or business contributions of major significance
- 06Authorship of scholarly articles in professional journals or major media
- 07Display of your work at artistic exhibitions or showcases
- 08A leading or critical role for organizations with a distinguished reputation
- 09A high salary or remuneration relative to others in the field
- 10Commercial success in the performing arts
EB-1C — Multinational Managers & Executives
For managers and executives transferred to the United States from a related company abroad. Like EB-1A, EB-1C requires no PERM labor certification — but the petition is filed by the U.S. employer rather than self-petitioned. You generally qualify when:
- 01You were employed abroad for at least one of the three years before the petition (or before your most recent nonimmigrant entry) in a managerial or executive capacity
- 02That foreign employment was with the same company, or a parent, branch, affiliate, or subsidiary of the U.S. petitioner — a qualifying multinational relationship
- 03You are coming to the U.S. to work in a managerial or executive capacity
- 04Managerial capacity means directing the organization or a department, supervising professional or managerial staff (or managing an essential function), and exercising authority over day-to-day operations
- 05Executive capacity means directing management, setting goals and policies, and exercising wide latitude in discretionary decision-making with only general oversight
- 06The U.S. petitioning employer has been doing business for at least one year and intends to employ you in that capacity
- 07EB-1C is frequently the natural green card step for executives already in the U.S. on an L-1A intracompany transfer visa
EB-1A vs. EB-2 NIW — Which Green Card Fits You?
Both the EB-1A extraordinary ability green card and the EB-2 National Interest Waiver can be self-petitioned with no employer and no PERM labor certification. They differ in the standard of proof and in how quickly a visa number becomes available. Here is how they compare side by side.
| EB-1A Extraordinary Ability | EB-2 NIW | |
|---|---|---|
| Who it's for | Individuals at the very top of their field with sustained national or international acclaim. | Advanced-degree professionals or people of exceptional ability whose work serves the U.S. national interest. |
| Standard of proof | Extraordinary ability — meet 3 of 10 criteria (or a one-time major award), plus a final merits determination. | Hold an advanced degree or show exceptional ability, then satisfy the three-prong Dhanasar national-interest test. |
| Job offer & labor cert | None — EB-1A is fully self-petitioned; no employer and no PERM labor certification. | None — the NIW waives both the job offer and the PERM labor certification; you self-petition. |
| Key evidence | Awards, memberships, press, judging, major contributions, authorship, leading roles, high salary. | Proof your endeavor has substantial merit and national importance, and that you are well positioned to advance it. |
| Visa availability | First-preference; priority dates are current or move faster for most countries. | Second-preference; wait times can be longer, especially for applicants from India and China. |
| Best fit | Those who can document being among the small percentage at the top of their field. | Skilled professionals whose work is nationally important but who may not meet the EB-1A top-of-field bar. |
The EB-1 Process, Step By Step
Eligibility & Strategy
We review your background, achievements, and goals to confirm the strongest EB-1 route for your situation and identify the requirements you already meet.
Evidence & Recommendation Letters
We map the documentation, expert recommendation letters, and proof of acclaim needed to satisfy the regulatory criteria and the final merits review.
Petition Drafting
We draft and assemble your Form I-140 immigrant petition with a clear legal argument and well-organized exhibits.
Filing & Premium Processing
We file with USCIS — premium processing of the I-140 is available where speed matters — and respond to any request for evidence.
Green Card
After approval we guide you through adjustment of status or consular processing to complete your permanent residency.
EB-1 Green Card Questions, Answered
Clear answers to the questions we hear most often from EB-1 candidates. Have a question about your own case? Request a consultation below.
What is an EB-1 green card?+
EB-1 is the employment-based first-preference immigrant category for U.S. permanent residency. Our practice focuses on two EB-1 routes: EB-1A for individuals of extraordinary ability, which can be self-petitioned, and EB-1C for multinational managers and executives, which is filed by a U.S. employer. Neither requires PERM labor certification.
Do I need a job offer or employer to qualify for EB-1A?+
No. EB-1A extraordinary ability is the only EB-1 route that can be fully self-petitioned — you do not need a U.S. employer, a job offer, or labor certification. EB-1B and EB-1C, by contrast, require a sponsoring U.S. employer.
How many criteria do I need to meet for EB-1A?+
You must meet at least three of the ten regulatory criteria (such as awards, selective memberships, published material about you, judging others' work, original contributions of major significance, scholarly authorship, leading roles, or high remuneration) — or provide evidence of a one-time major internationally recognized award. USCIS then conducts a final merits determination on the totality of the evidence.
What is EB-1C, and how is it different from EB-1A?+
EB-1C is the first-preference green card for multinational managers and executives transferred to a U.S. company from a related entity abroad. Unlike EB-1A — which is self-petitioned and based on extraordinary ability — EB-1C is filed by the U.S. employer and turns on your managerial or executive role and the qualifying corporate relationship. To qualify you must have worked abroad in a managerial or executive capacity for at least one of the prior three years with a parent, branch, affiliate, or subsidiary of the U.S. company. Neither route requires PERM labor certification, and EB-1C is often the green card step that follows an L-1A visa.
Is EB-1 faster than other green card categories?+
Often, yes. EB-1 is first-preference, so priority dates are frequently current or move faster than EB-2 and EB-3 for most countries, and premium processing is available for the I-140. Wait times still depend on your country of birth — applicants born in India or China may face longer backlogs.
EB-1A or EB-2 NIW — which should I choose?+
Both can be self-petitioned without an employer or labor certification. EB-1A requires showing you are among the very top of your field, while the EB-2 National Interest Waiver requires an advanced degree or exceptional ability plus proof your work is in the national interest under the Dhanasar test. Many clients qualify for both; we assess your record and choose the best fit.
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