ImmigrantEmployment-basedNo labor certificationAnnual capForm I-140

EB-1 Priority Workers

First-preference green card for people with extraordinary ability, outstanding professors and researchers, and multinational managers or executives. No labor certification is required.

Last reviewed Oct 1, 2026Sources: USCISReport an error

At a glance

Result: Permanent residence (green card)
Annual numbers: 28.6% of the employment-based limit
Petition: Form I-140 — $715 paper / $665 online
Labor certification: Not required
Self-petition: Allowed for EB-1A only
Premium processing: 15 or 45 business days

India and China backlogs. EB-1 is current for most countries in the October 2026 Visa Bulletin, but final action dates apply to China (July 1, 2023) and India (February 1, 2023). For October 2026, USCIS requires employment-based adjustment applicants to use the Dates for Filing chart (EB-1: China and India July 1, 2024; all other countries current).

Overview

EB-1 is the first employment-based preference category for permanent residence. It covers three groups: people with extraordinary ability in the sciences, arts, education, business or athletics (EB-1A); internationally recognized outstanding professors and researchers (EB-1B); and certain multinational managers and executives (EB-1C).

None of the three subgroups needs a Department of Labor labor certification. EB-1A applicants may file for themselves without a job offer; EB-1B and EB-1C require a U.S. employer to file Form I-140. Congress sets the employment-based preference level at at least 140,000 visas a year; EB-1, EB-2 and EB-3 each receive 28.6% of it, and EB-4 and EB-5 each receive 7.1% (Visa Bulletin, October 2026). The per-country limit for FY 2027 is 25,620 preference visas.

After the I-140 is approved and a visa number is available, the worker either adjusts status inside the United States with Form I-485 or applies for an immigrant visa at a U.S. consulate abroad.

Who qualifies

EB-1A — extraordinary ability (self-petition allowed)

Sustained national or international acclaim, shown either by a one-time major internationally recognized award (such as a Pulitzer, Oscar or Olympic medal) or by meeting at least 3 of 10 evidentiary criteria.
The criteria include lesser prizes or awards, membership in associations requiring outstanding achievement, published material about the person, judging the work of others, original contributions of major significance, scholarly authorship, artistic exhibitions, a leading or critical role in distinguished organizations, high salary, and commercial success in the performing arts.
The person must intend to continue working in the area of extraordinary ability in the United States.

EB-1B — outstanding professor or researcher

International recognition for outstanding achievements in a specific academic field.
At least 3 years of experience in teaching or research in that field.
Entering for a tenure or tenure-track teaching position or a comparable research position, with evidence meeting at least 2 of 6 criteria (major prizes, membership, published material about the work, judging, original research contributions, scholarly authorship).

EB-1C — multinational manager or executive

Employed outside the United States for at least 1 year in the 3 years before the petition (or before the most recent lawful nonimmigrant admission, if already working for the U.S. employer) by the same employer or a related company.
Coming to work in a managerial or executive role for the same employer, an affiliate or a subsidiary.
The U.S. employer must have been doing business for at least 1 year and have a qualifying relationship with the foreign company.

Duration & extensions

Green card	10-year card, renewable; permanent residence does not expire if conditions are kept
Conditional period	None for EB-1
Naturalization	Generally after 5 years as a permanent resident (USCIS)

Fees

Government fees for an EB-1 case, as published on October 1, 2026:

Fee	Amount	Who pays	Notes
Form I-140 filing fee	$715 paper / $665 online	Petitioner	Per USCIS Fee Schedule G-1055 (edition 10/01/26).
Asylum Program Fee (with Form I-140)	$600 / $300 / $0	Petitioner	$600 regular petitioner; $300 small employer or self-petitioner; $0 nonprofit. G-1055
Premium processing (Form I-907) for Form I-140	$2,965	Petitioner	Optional; in effect since March 1, 2026. G-1055
Form I-485 (adjustment of status, age 14+)	$1,440 paper / $1,390 online	Each applicant	Applicants under 14 filing with a parent: $950 paper / $900 online. G-1055
Form I-765 (work permit while I-485 is pending)	$260	Applicant	Reduced fee applies if Form I-485 was filed with a fee on or after April 1, 2024 and is still pending. G-1055
Immigrant visa application processing fee (consular processing)	$345	Each applicant	For applications based on an approved I-140 or I-526/I-526E petition. State Dept fees
USCIS Immigrant Fee	$235	Each immigrant visa holder	Paid after the immigrant visa is issued, to produce the green card. G-1055

Fees change; confirm on the USCIS Fee Schedule and the State Department’s visa fee page before paying. A biometrics fee is not listed separately for these forms in G-1055.

Processing time

Premium processing — EB-1A, EB-1B: 15 business days; USCIS premium processing
Premium processing — EB-1C: 45 business days; USCIS premium processing
Final action date (most countries): Current; China: Jul 1, 2023 · India: Feb 1, 2023 (Oct 2026 bulletin)

Regular processing times vary by form and service center; check USCIS processing times. Waiting time for a green card also depends on the monthly Visa Bulletin.

Application steps

1
Assemble evidence
Gather proof for the chosen subgroup: awards, publications, judging, salary or role evidence for EB-1A/EB-1B, or proof of qualifying overseas employment and corporate relationship for EB-1C.
2
File Form I-140
The worker (EB-1A) or employer (EB-1B, EB-1C) files Form I-140 with fees; premium processing may be requested with Form I-907.
3
Check visa availability
Compare the priority date against the Visa Bulletin chart USCIS designates for the month.
4
Adjust status or apply abroad
Inside the United States, file Form I-485 (concurrently with the I-140 if a visa is available). Abroad, complete National Visa Center processing and a consular interview.
5
Biometrics, interview and decision
Attend biometrics; USCIS or the consulate may interview. On approval, a green card is issued (after entry, for consular cases).

Required documents

Common evidence

Evidence of a one-time major award or of at least 3 EB-1A criteria (or 2 EB-1B criteria)
Letters from experts or employers describing achievements
For EB-1B/EB-1C: job offer letter and evidence of the employer’s ability to pay the offered wage
For EB-1C: organizational charts, proof of the corporate relationship and of 1 year of qualifying employment abroad
Passport, birth certificate and civil documents for Form I-485 or the immigrant visa application

Dependents & family

A spouse and unmarried children under 21 may immigrate as derivatives in E-14 (spouse) or E-15 (child) status (USCIS EB-1). They share the principal’s priority date and file their own Form I-485 or immigrant visa application.

After you arrive

EB-1 leads directly to permanent residence. After arrival or approval of adjustment:

Step 1

Receive the green card

Consular immigrants pay the $235 USCIS Immigrant Fee so the card can be produced and mailed.

Step 2

Keep permanent residence

Maintain the United States as the permanent home; long absences can raise abandonment questions.

Step 3

Naturalize

Most permanent residents may apply for citizenship after 5 years (3 if married to and living with a U.S. citizen) (USCIS).

Since May 21, 2026, USCIS policy memo PM-602-0199 tells officers to treat adjustment of status as extraordinary, discretionary relief. It recognizes dual-intent nonimmigrant categories (such as H-1B and L-1) as an exception, but states that holding dual-intent status is not by itself enough for a favorable decision. Nationals of countries covered by Proclamations 10949 and 10998 face a suspension of immigrant visa issuance (with limited exceptions); a separate 75-country immigrant visa pause that began January 21, 2026 ended on August 21, 2026 under a court order.

EB-2

Advanced degree / exceptional ability

Second preference, including the self-petitioned National Interest Waiver.

O-1A

Extraordinary ability (temporary)

Nonimmigrant work visa often used before an EB-1A petition.

L-1A

Intracompany manager or executive

Temporary transfer status that often precedes EB-1C.

Gold Card

Gold Card program

Gift-based petition that uses the EB-1 or EB-2 classification.

EB-5

Immigrant investor

Green card through qualifying investment and job creation.

Common questions

Does EB-1 require a job offer?

Only EB-1A does not; a person of extraordinary ability can self-petition. EB-1B and EB-1C require a U.S. employer to file Form I-140.

Is a PERM labor certification needed?

No. None of the EB-1 subgroups requires labor certification (USCIS).

How fast is premium processing for EB-1?

15 business days for EB-1A and EB-1B, and 45 business days for EB-1C multinational managers and executives, for a $2,965 fee (USCIS).

Is EB-1 backlogged?

In the October 2026 Visa Bulletin, EB-1 final action dates are current for most countries, with cutoffs for China (July 1, 2023) and India (February 1, 2023).

Official sources

Recent changes

Sep 18, 2026
New Form I-485 edition required. USCIS rejects the 01/20/25 edition of Form I-485 if postmarked or electronically submitted on or after September 18, 2026; only the 09/18/26 edition is accepted, with no grace period. Source ↗
Sep 18, 2026
2022 public charge rule rescinded. A DHS final rule (91 FR 45324) rescinding the 2022 public charge regulations took effect September 18, 2026. It applies to applications for admission made, and adjustment applications postmarked or electronically submitted, on or after that date; USCIS lists employment-based categories among those subject to the public charge ground. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law, L.C. v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 for a certified class of citizens or natives of the countries listed in Proclamations 10949 or 10998 (or the Palestinian Authority) and ordered USCIS to adjudicate their applications in the normal course. USCIS says it will follow the order pending further judicial review. Source ↗
Aug 21, 2026
Immigrant visa pause for 75 nationalities ends. Under the court’s order in CLINIC et al. v. Rubio et al., the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect as of August 21, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS benefit-hold memos agency-wide. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA 2025-26, which had put on hold benefit requests (including adjustment of status) from nationals of the countries listed in Proclamations 10949 and 10998. Final judgment was entered June 11, 2026, and USCIS says the vacatur applies agency-wide. Source ↗
May 21, 2026
PM-602-0199: adjustment of status treated as “extraordinary” discretionary relief. USCIS policy memo directs officers to weigh that adjustment of status is an act of administrative grace not meant to replace consular processing. It acknowledges exceptions for dual-intent nonimmigrant categories, but says dual-intent status alone does not warrant a favorable exercise of discretion. Source ↗
Mar 1, 2026
Premium processing fee for Form I-140 rises to $2,965. Final rule published January 12, 2026 (91 FR 1059) adjusted premium processing fees for inflation; the Form I-140 fee rose from $2,805 to $2,965 for requests postmarked on or after March 1, 2026. Source ↗
Jan 21, 2026
Immigrant visa issuance paused for nationals of 75 countries. The Department of State paused immigrant visa issuance to nationals of 75 countries while reviewing public-charge screening. The pause ended August 21, 2026 under a court order. Source ↗
Jan 1, 2026
Proclamation 10998 entry restrictions take effect. Proclamation 10998 (signed December 16, 2025) took effect January 1, 2026, fully suspending visas, including all immigrant visas, for nationals of 19 countries plus Palestinian Authority travel documents, and suspending all immigrant visas for nationals of 20 more countries (for 19 of them, also B, F, M and J visas), subject to listed exceptions. Source ↗
Jun 4, 2025
Proclamation 10949 restricts entry from listed countries. Presidential Proclamation 10949 suspended visa issuance, including immigrant visas, for nationals of designated countries; it was later expanded by Proclamation 10998. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.