What is EB-1

What is EB-1?

• No PERM labor certification is required.

• Faster processing times compared to other green card categories.

• Self-petition is allowed in the EB-1A subcategory.

• Spouses and children under 21 can also apply for green cards as derivative beneficiaries.

Key Benefits of the EB-1 Visa

The EB-1 visa is a first-preference employment-based immigrant visa category in the United States designed for individuals with extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers. This category allows qualified individuals to apply for a green card (permanent residency) without needing a labor certification.

There are three subcategories under the EB-1 classification:

1. EB-1A (Extraordinary Ability) – For individuals who can demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. No job offer is required, and the individual can self-petition.

2. EB-1B (Outstanding Professors and Researchers) – For professors and researchers who are internationally recognized as outstanding in a specific academic area. A job offer and employer sponsorship are required.

3. EB-1C (Multinational Executives and Managers) – For executives and managers who have been employed for at least one year in the past three years by a foreign affiliate of a U.S. employer and are being transferred to the U.S. to continue working in a managerial or executive capacity.

🧾 Final Merits Determination (Step 2 of EB-1A Review Process)

• Sustained acclaim: Are your achievements consistent and recognized over time?

• Top percentile: Are you truly among the top few percent of experts or practitioners in your field?

• Impact: Have your accomplishments made a notable difference or received prominent attention?

• Future intent: Will your continued work in the U.S. be relevant and significant?

⚖️ Key Reference Language from USCIS:

"Meeting the minimum number of criteria does not, in itself, establish eligibility for EB-1A classification. The evidence must demonstrate that the individual is one of that small percentage who has risen to the very top of the field of endeavor."
— USCIS Policy Manual, Volume 6, Part F, Chapter 2

✅ What USCIS Looks For:

In the EB-1A petition process, meeting at least three of the ten evidentiary criteria is only the first step. The second and more critical step is what USCIS calls the Final Merits Determination.

This step is qualitative, not just quantitative.

Even if you provide strong documentation that satisfies three or more of the required criteria, the USCIS officer must independently evaluate the totality of your evidence to determine whether:

• You truly possess “extraordinary ability”, and

• You have risen to the very top of your field of endeavor, and

• You are well-positioned to continue work in your field in the U.S., benefiting the country.

This review is not a checklist but a holistic judgment made by USCIS adjudicators.

• Resources and Anchor Text Backlinks:

  • EB-1A Extraordinary Ability – USCIS Overview
    → Official EB-1A page with eligibility requirements and filing instructions.

  • USCIS Final Merits Determination Policy
    → Read detailed guidance from the USCIS Policy Manual on how officers assess the total evidence for extraordinary ability.