The US EB-1 Green card

United States EB-1 green card:

US green card for highly cited reseachers in a nutshell

US EB-1 green card

The US EB-1 visa is a highly sought-after employment-based immigrant visa, often referred to as the "gold standard" for foreign nationals seeking permanent residency in the United States. It falls under the "First Preference" category, indicating that it is reserved for "priority workers" who demonstrate exceptional abilities or are highly accomplished in their fields. The ultimate goal of this visa is to obtain a US EB-1 green card, which grants individuals the right to live and work permanently in the U.S. without the need for a sponsoring employer in all subcategories, and without the often lengthy PERM labor certification process required for other employment-based green cards.

US Green Card EB-1 Eligibility: Three Main Categories

1) EB-1A: Individuals with Extraordinary Ability

This category is for foreign nationals who possess extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, applicants must demonstrate sustained national or international acclaim, with their achievements recognized in their field through extensive documentation. A significant advantage of the EB-1A is that it allows for "self-petitioning," meaning you do not need a U.S. employer to sponsor your petition. Evidence for this category typically includes:

● Receipt of a major, internationally recognized award (e.g., Nobel Prize, Oscar, Olympic Medal).

Failing that, applicants must meet at least three of the following ten criteria:

   ■ Receipt of lesser nationally or internationally recognized prizes or awards for excellence.

   ■ Membership in associations in the field that require outstanding achievements of their members.

   ■ Published material about the applicant in professional or major trade publications or other major media.

   ■ Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field.

   ■ Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

   ■ Authorship of scholarly articles in the field, in professional or major trade publications, or other major media.

   ■ Display of the applicant's work in the field at artistic exhibitions or showcases.

   ■ Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.

   ■ Commanding a high salary or other significantly high remuneration for services, in relation to others in the field.

   ■ Commercial successes in the performing arts (e.g., box office receipts, record sales).

2) EB-1B: Outstanding Professors and Researchers

This category is for professors and researchers who are internationally recognized as outstanding in a specific academic field. Unlike the EB-1A, EB-1B category generally requires a U.S. employer to file the petition on behalf of the foreign national. The US EB1 visa requirements for this group include:

● International recognition for outstanding achievements in a particular academic field.

● At least three years of experience in teaching or research in that academic area (experience gained while pursuing an advanced degree may count if the degree was received and the teaching/research was recognized as outstanding).

● A job offer for a tenured or tenure-track teaching position or a comparable permanent research position from a U.S. university or institution of higher education, or a private employer with at least three full-time researchers and documented research accomplishments.

Applicants must also meet at least two of the following six criteria:

   ■ Documentation of the receipt of major prizes or awards for outstanding achievement in the academic field.

   ■ Membership in associations in the academic field that require outstanding achievements of their members.

   ■ Published material in professional publications written by others about the applicant's work in the academic field.

   ■ Participation, either individually or on a panel, as a judge of the work of others in the same or an allied academic field.

   ■ Original scientific or scholarly research contributions in the field.

   ■ Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

3) EB-1C: Multinational Managers or Executives

This category is for multinational executives and managers who are transferred to the U.S. by their foreign employer. The employer must have a qualifying relationship (parent, subsidiary, affiliate) with the U.S. entity and must intend to employ the individual in a managerial or executive capacity. The applicant must have been employed outside the U.S. for at least one year in the preceding three years by the qualifying organization in a managerial or executive capacity.

How many EB-1 green cards per year   

The U.S. immigration system allocates approximately 140,000 employment-based immigrant visas annually, with the EB-1 category receiving roughly 40,040 of these visas, plus any unused visas from lower preference categories. While this allocation generally keeps the EB-1 category current for most countries, high-demand countries like India and China may experience "retrogression," leading to longer wait times for their nationals. In summary, the US EB-1 green card offers a direct and often faster path to permanent residency for individuals who have demonstrated extraordinary ability or exceptional accomplishments in their fields. Meeting the specific US green card EB1 eligibility criteria and navigating the application process efficiently are key to securing this highly desirable immigrant visa.

The EB-1 Employment-Based Green Card offers permanent residency in the United States to individuals who can demonstrate that they have extraordinary ability in the arts, athletics, business, education or the sciences; outstanding researchers and professors with international recognition in a specific field; or certain multinational executives or managers.

Certain types of evidence must be provided for an applicant to prove that he or she has extraordinary ability or is an outstanding researcher or professor. Examples may include major awards for achievement, citations in professional or scholarly publications, etc.

If approved for an EB-1 Employment-Based Green Card, a skilled foreign worker and his or her spouse and unmarried dependent children under 21 years of age can enjoy many benefits such as:

■ Live in the USA in any of the 50 states for an unlimited period of time

■ Legally work in the United States

■ Study at US educational institutions

■ Have the option to purchase a home and start a business in the USA

■ Sponsor eligible family members for a Green Card

■ Travel to and from the United States (certain regulations apply)

■ Apply for American citizenship after living in the USA for 5 years

How Long Does EB-1 Green Card Take? Processing Times and Annual Limits

Understanding how long does it take to get EB-1 green card approval is crucial for applicants. The process typically involves two main steps: the Immigrant Petition (Form I-140) and the Adjustment of Status (Form I-485) if applying from within the U.S., or Consular Processing if applying from abroad.

The processing time for the Form I-140, the initial petition, can vary significantly depending on the USCIS service center and whether premium processing is utilized. With premium processing, an I-140 decision can be expedited to 15 calendar days for an additional fee. Without premium processing, average processing times for I-140 can range from several months to over a year, depending on the specific EB-1 subcategory and service center caseloads.

One of the significant advantages of the US EB1 green card is that visa numbers are generally "current" for most countries, meaning there is typically no long wait for a visa to become available after the I-140 is approved. This allows for concurrent filing of the I-140 and I-485 petitions for many applicants. Once the I-140 is approved and a visa number is available, the I-485 (Adjustment of Status) process, which includes biometrics appointments and a potential interview, usually takes several more months, often averaging 6-9 months. However, delays can occur due to Requests for Evidence (RFEs) or other factors. For applicants undergoing consular processing abroad, the timeline depends on embassy/consulate availability and efficiency.

How can citations help you to get the EB-1 Green Card?

There are different criteria that EB-1 Green Card applicants can use to demonstrate that they have extraordinary ability or to show that they are an outstanding researcher or professor, including by providing citations. Citations may include, for example, content that an EB-1 Green Card applicant had written and published in scholarly, scientific, trade, or professional media or publications, such as books or journals. A citation could also include, for example, content written and published about the EB-1 Green Card applicant by others, discussing their extraordinary ability or outstanding academic contribution in scholarly, scientific, trade, or professional media or publications. You can use our paid citation services to order citations for your published articles.