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EB-1 Visa: Eligibility criteria and categories explained for H-1B alternative
The EB-1 visa provides a potential solution for professionals facing reduced H-1B opportunities in the US.
The pathways to US residency for citizens are narrowing down with every passing day. With Donald Trump’s staunch breakdown on limiting means for outsiders to enter the country, professionals wishing to travel and live in the US using an H-1B visa are increasingly declining. In such a tough spot, the EB-1 visa provides a suitable alternative to those who meet the required eligibility criteria.
What is the EB-1 visa and how do you get it?
“You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met,” according to the official website of the US Citizenship and Immigration Services (USCIS).
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The EB-1 visa is a standard means of acquiring a green card to be a US resident, although its criteria are slightly more demanding than those of the H-1B. The standard process of getting an EB-1 visa is to determine one’s eligibility, file form I-140, wait for approval, file form I-485, attend a biometrics appointment and a visa interview. If all these steps are successfully approved, a person gains entry to the US via an EB-1 visa.
The visa is mainly divided into three categories:
1. EB-1A (Extraordinary ability)
“You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim,” the USCIS says. Under this category, the I-140 form can be filed on self-petition.
2. EB-1B (Outstanding professors and researchers)
“You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer,” per the USCIS.
Under this category, the I-140 form must be filed by your US employer on your behalf, and the applicant must have a permanent job offer from a US-based company.
3. EB-1C (Multinational manager or executive)
“You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity,” according to the USCIS.
Under this category, the I-140 form must be filed by your US employer on your behalf. This category has a relatively quicker processing time. About 40,000 visas will be issued under the EB-1 category for 2025 and will be further divided into the three categories mentioned.
By Stuti Gupta
