Who this is for
- EB-1B: professors and researchers recognized internationally as outstanding in a specific academic field
- EB-1B: generally at least three years of teaching or research experience in that field, and a job offer for a tenure or tenure-track teaching role or a comparable permanent research position
- EB-1B employers can be universities, research institutions, or private employers with a documented research department of enough full-time researchers
- EB-1C: managers and executives who worked abroad, for at least one year in the three years before the petition (or before entering the U.S. to work for the same group), for a parent, branch, subsidiary or affiliate of the U.S. employer
- EB-1C: the U.S. employer must have been doing business for at least one year and offer a managerial or executive job
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-140 | Immigrant Petition for Alien Workers | Filed by the U.S. employer with evidence that the worker and the job qualify for EB-1B or EB-1C; self-petitions are not allowed in these categories. |
| I-907 | Request for Premium Processing Service | Optional request by the employer for faster USCIS action on the I-140, where available. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used by the worker in the U.S. to apply for the green card when a visa number is available. |
| DS-260 | Immigrant Visa and Alien Registration Application | Used by a worker abroad to apply for an immigrant visa after the I-140 is approved. |
Step by step
- Confirm the category and jobThe employer and worker review whether the role is a qualifying academic or research position (EB-1B) or a managerial or executive role at a related company (EB-1C).
- Gather evidenceEB-1B cases usually document at least two of the regulatory criteria plus experience; EB-1C cases document the corporate relationship and the manager or executive duties abroad and in the U.S.
- Employer files Form I-140The employer files the petition with USCIS with an offer letter and supporting evidence. No PERM labor certification is needed.
- Respond to any request for evidenceUSCIS may ask for more proof of international recognition, of the job's permanence, or of the managerial nature of the role.
- Wait for a current priority dateThe priority date is usually the I-140 filing date. The worker checks the EB-1 line of the Visa Bulletin for their country of birth.
- Green card stageThe worker files Form I-485 in the U.S., sometimes together with the I-140, or completes consular processing abroad, followed by biometrics, a medical exam and any interview.
Documents usually requested
- Offer letter describing a permanent research or tenure-track role (EB-1B) or a managerial or executive role (EB-1C)
- Letters from current or former employers showing years of teaching or research experience (EB-1B)
- Evidence of awards, memberships, published material about the worker's work, judging, original contributions, or scholarly articles and books (EB-1B)
- Expert letters from independent researchers in the field (EB-1B)
- Proof of the corporate relationship, such as ownership records and organizational charts (EB-1C)
- Detailed job descriptions for the role abroad and the U.S. role, including people or functions managed (EB-1C)
- Employer's evidence of ability to pay, such as annual reports, tax returns or financial statements
- Passport, CV, diplomas and immigration history
- Marriage and birth certificates for family members
How long it takes
Timing depends on USCIS processing of the I-140 (and whether premium processing is used), requests for evidence, the I-485 or consular stage, and whether the EB-1 Visa Bulletin is current for the worker's country of birth. See egov.uscis.gov/processing-times/ for current estimates.
Government filing fees
Form I-140 carries a USCIS filing fee, premium processing has its own fee, and the I-485 and related work and travel forms also have fees; consular cases pay State Department fees. Check uscis.gov/g-1055 because amounts change.
Working and traveling while you wait
Workers usually keep working in their current status, such as H-1B, O-1 or L-1, while the I-140 is pending. With a pending I-485 they can generally apply for a work permit and advance parole before traveling.
Common mistakes to avoid
- EB-1B: offering a temporary or fixed-term position rather than a permanent research or tenure-track role
- EB-1B: listing evidence for the criteria without showing it proves international recognition in the field
- EB-1C: describing a role that is mainly hands-on work rather than managing an organization, function or people
- EB-1C: weak proof of the parent, subsidiary or affiliate relationship, or of the U.S. company doing business for a year
- Assuming the worker can self-petition; both categories require a sponsoring employer
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Do EB-1B and EB-1C require PERM?
No, neither EB-1B nor EB-1C requires PERM labor certification. Both still require a U.S. employer to file Form I-140 with a qualifying job offer.
What is the difference between EB-1A and EB-1B?
EB-1A is for people with extraordinary ability who can self-petition without a job offer, while EB-1B is for outstanding professors and researchers and needs an employer petition. EB-1B usually requires meeting at least two of six criteria, compared with a higher bar for EB-1A.
Can a postdoc qualify for EB-1B?
Sometimes, but a postdoctoral role is usually temporary, and EB-1B generally needs an offer of a permanent research position or a tenure-track teaching job. Research experience during a Ph.D. may count in limited cases, so an attorney can review the specifics.
Is EB-1C like the L-1A visa?
They are similar, since both cover managers and executives at related companies, and many L-1A holders later use EB-1C. EB-1C leads to a green card, while L-1A is a temporary visa, and the evidence required is not exactly the same.
Can a small company sponsor EB-1C?
In many cases, yes, but the U.S. company must have been doing business for at least one year and must show the role is truly managerial or executive. Small companies often need more detail on who does the day-to-day work.
Official sources
Last reviewed: October 2026
These guides have been reviewed by MyUSVisa counsel. They are provided as is: immigration laws and regulations change often, and like any written communication, this information may contain errors or typos. MyUSVisa is not a law firm, does not provide legal advice and is not affiliated with USCIS or any government agency; reading a guide does not create an attorney–client relationship. Only the information on the official USCIS website (uscis.gov) applies — always verify it there, especially if in doubt.