EB-1 Visa Attorney in Atlanta

EB-1 Advantages Over Other Employment-Based Categories

For qualified applicants, the EB-1 category offers procedural and practical advantages that set it apart from EB-2 and EB-3 pathways.

• No PERM labor certification required: Unlike EB-2 and EB-3 categories, EB-1 does not require a PERM labor certification from the Department of Labor, removing a significant procedural step and reducing the burden on employers.
• Priority date availability: As the first-preference employment-based category, EB-1 generally offers more favorable priority date availability than EB-2 or EB-3 for most nationalities. Applicants from China and India may face longer waits due to per-country limits.
• Self-petition under EB-1A: EB-1A applicants may file without a specific employer sponsor, allowing flexibility to pursue opportunities across employers while the petition is pending.
• Derivative beneficiaries: An approved EB-1 petitioner may bring their spouse and unmarried children under 21 to the United States as derivative beneficiaries under E-14 or E-15 immigrant status.
• Path to permanent residency: A green card obtained through an EB-1 petition can serve as a foundation for eventual U.S. citizenship after meeting applicable eligibility requirements.

EB-1 Eligibility Criteria by Subcategory

USCIS evaluates each EB-1 subcategory against specific regulatory criteria. Reviewing these against your own record before a consultation can help clarify which pathway applies and what evidence you’ll need to gather.

EB-1A: The Ten Regulatory Criteria

An applicant who has not received a one-time major internationally recognized award must demonstrate that they meet at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations that require outstanding achievement of their members
• Published material about the applicant in professional or major trade publications or major media
• Participation 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
• Authorship of scholarly articles in professional or major trade publications or major media
• Display of the applicant’s work at artistic exhibitions or showcases
• Performance in a leading or critical role for organizations or establishments with a distinguished reputation
• High salary or remuneration relative to others in the field
• Commercial successes in the performing arts

USCIS then applies the Kazarian two-step analysis: confirming that the minimum criteria count is satisfied, then evaluating the totality of evidence to determine whether the petitioner has reached the required level of extraordinary distinction.

EB-1B: The Six Regulatory Criteria

EB-1B applicants must have at least three years of teaching or research experience, a permanent position offer from a qualifying employer, and satisfy at least two of the following:

• Receipt of major prizes or awards for outstanding achievement in the academic field
• Membership in associations requiring outstanding achievements of their members
• Published material in professional publications written by others about the applicant’s work
• Participation as a judge of the work of others in the same or allied academic field
• Original scientific or scholarly research contributions to the field
• Authorship of scholarly books or articles in scholarly journals with international circulation

EB-1C: Managerial & Executive Definitions

EB-1C applicants must have worked abroad for the qualifying multinational organization in a managerial or executive capacity for at least one year within the three years immediately preceding the petition. The U.S. entity must have been operating for at least one year. USCIS closely examines whether the U.S. role qualifies as managerial or executive under the regulatory definitions, looking at the scope of authority, the level within the organizational hierarchy, and whether the function involves directing the organization or a major component of it rather than performing operational tasks directly.