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Cortes Immigration Law Firm
Green card

EB-1

EB-1 is the first preference employment-based green card category. Our firm works with two of its paths: EB-1A, for extraordinary ability, and EB-1C, for multinational executives and managers.

EB-1A and EB-1C

EB-1A: extraordinary ability

EB-1A is meant for people with sustained national or international recognition in the sciences, arts, education, business or athletics. No employer or job offer is required, and the person may file on their own behalf.

The evidence may be a major one-time achievement or at least three of the criteria set by regulation, such as:

  • Lesser nationally or internationally recognized prizes
  • Membership in associations that require outstanding achievement
  • Published material about the person
  • Judging the work of others
  • Original contributions of major significance
  • Scholarly articles
  • A leading or critical role in distinguished organizations
  • High salary compared with others in the field

Meeting the criteria is only part of the analysis. The evidence as a whole also needs to demonstrate the required level of recognition.

EB-1C: multinational executives and managers

EB-1C is a path for executives and managers transferred to the United States by a related company. It is filed by the U.S. employer and does not require a labor certification. In general:

  • The person worked abroad for the related company for at least one year in the three years before the petition, or before arriving in the U.S. to work for the same employer
  • The role in the U.S. is managerial or executive
  • The U.S. company has been doing business for at least one year

Common questions

What is the difference between EB-1A and the O-1?

EB-1A is a green card, which means permanent residence. The O-1 is a temporary work visa. The evidence may look similar, but they are different processes with different standards.

Can my family be included?

A spouse and unmarried children under 21 may generally be included as dependents in the process.

Does EB-1 guarantee faster processing?

No. Timing depends on government processing and on visa availability for the country of birth, and no timeline can be guaranteed.

General information only. Eligibility, approval and timing depend on each case and cannot be guaranteed.

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