EB-1 Frequently Asked Questions

 

What is the difference between EB-1A, EB-1B, and EB-1C?

The EB-1 category is the first-preference employment-based green card. It is divided into three distinct sub-categories:

• EB-1A (Extraordinary Ability): For individuals at the very top of their field in science, arts, education, business, or athletics. No job offer is required.

• EB-1B (Outstanding Researchers): For internationally recognized researchers or professors with at least three years of experience. A job offer is required.

• EB-1C (Multinational Managers): For executives or managers transferred to a U.S. branch of a multinational company. A job offer and qualifying corporate relationship are required.

 

Do I need a U.S. employer to sponsor my EB-1 Green Card?

Only for EB-1B and EB-1C. If you qualify for EB-1A, you can "self-petition," meaning you file on your own behalf without needing an employer's signature or a job offer.

 

What are the "3 of 10" criteria for EB-1A?

To qualify for EB-1A, you must either show a one-time major achievement (like a Nobel Prize) or meet at least three of ten specific criteria, such as:

• Receipt of nationally or internationally recognized awards.

• Membership in associations that require outstanding achievements.

• Published material about you in major media.

• Evidence of your original scientific, scholarly, or business-related contributions of major significance.

• Authorship of scholarly articles in professional or major trade publications.

 

What is the "Kazarian Two-Step" review?

This is the standard USCIS uses to decide EB-1 cases.

1. Step One: The officer checks if you have submitted evidence for at least 3 of the 10 criteria.

2. Step Two: The officer performs a "Final Merits Determination." They look at the totality of the evidence to see if you have truly reached a level of expertise indicating you are one of the small percentage who has risen to the very top of your field.

 

How long does EB-1 processing take in 2026?

Standard processing for an I-140 petition can range from 6 to 12 months. However, Premium Processing is available for an additional fee, which guarantees a response from USCIS within 15 calendar days. Note that after I-140 approval, you must still wait for your priority date to be current on the Visa Bulletin before filing for your final Green Card (Adjustment of Status).

 

Can I file for an EB-1 and a National Interest Waiver (NIW) at the same time?

Yes. This is a common strategy. Because the EB-1A has a higher evidentiary bar than the EB-2 NIW, filing both can provide a "safety net." If the EB-1A is denied but the NIW is approved, you still have a pathway to permanent residency.

 

I am a Ph.D. student. Can I qualify for EB-1A?

While more challenging for those early in their careers, it is possible. Success depends on whether your research has already garnered significant citations, media coverage, or industry impact that distinguishes you from other Ph.D. candidates in your field.

​

Important Legal Disclaimers

• Advertising Disclosure: This FAQ page is an advertisement for legal services provided by The Law Office of Andrew R. Sones, located in Delray Beach, Florida.

• No Guarantee of Results: Prior results do not guarantee a similar outcome. Every immigration case is unique and subject to the discretion of USCIS officers.

• Attorney Status: Andrew R. Sones is a licensed attorney licensed to practice federal immigration law to clients in all 50 states and worldwide.

• No Attorney-Client Relationship: Reviewing this FAQ does not create an attorney-client relationship. A relationship is only formed once a written retainer agreement is signed by both parties.

​