The EB‑1 visa, often called the " Einstein Visa," is the first preference employment-based green card category in the United States. It is available to individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. The EB‑1 visa does not require labor certification, offering a faster route to permanent residency compared to other employment-based categories.
Also Read: Melania Trump on an 'Einstein' visa? 'The math ain't mathing', says Texas Congresswoman Jasmine Crockett
Who is eligible for the EB‑1 visa
The EB‑1 category includes three subcategories:
EB‑1A: Persons of Extraordinary Ability
Individuals in fields such as science, arts, education, business, or athletics may qualify if they can show sustained national or international acclaim. They must intend to work in their area of expertise in the US. No job offer or employer sponsorship is required.
EB‑1B: Outstanding Professors and Researchers
Applicants must have at least three years of experience in teaching or research and be internationally recognized in their academic field. A job offer from a US institution is required.
EB‑1C: Multinational Executives and Managers
This category is for individuals who have worked outside the US for at least one of the past three years in an executive or managerial role and are now entering the US to work in a similar capacity with a related employer.
How to apply
Applicants or employers must first file Form I‑140 (Immigrant Petition for Alien Worker). Self-petitioning is allowed under EB‑1A.
Once the I‑140 is approved and a visa number is available:
As per USCIS:
Premium processing offers a decision within 15 calendar days for Form I‑140. Standard processing timelines vary but are typically several months.
Visa availability and filing timelines
The US Department of State publishes a monthly Visa Bulletin showing visa availability based on priority dates. The EB‑1 category is usually “current,” allowing for immediate action after I‑140 approval.
Adjustment of status applicants must follow either the Final Action Dates or Dates for Filing chart, as instructed monthly by USCIS.
Advantages of the EB‑1 visa
Also Read: Melania Trump on an 'Einstein' visa? 'The math ain't mathing', says Texas Congresswoman Jasmine Crockett
Who is eligible for the EB‑1 visa
The EB‑1 category includes three subcategories:
Individuals in fields such as science, arts, education, business, or athletics may qualify if they can show sustained national or international acclaim. They must intend to work in their area of expertise in the US. No job offer or employer sponsorship is required.
Applicants must have at least three years of experience in teaching or research and be internationally recognized in their academic field. A job offer from a US institution is required.
This category is for individuals who have worked outside the US for at least one of the past three years in an executive or managerial role and are now entering the US to work in a similar capacity with a related employer.
Applicants or employers must first file Form I‑140 (Immigrant Petition for Alien Worker). Self-petitioning is allowed under EB‑1A.
Once the I‑140 is approved and a visa number is available:
- Applicants already in the US can file Form I‑485 to adjust status.
- Applicants outside the US must submit Form DS‑260 through consular processing.
- Attend a biometrics appointment.
- Complete a medical examination.
- Appear for an immigration interview.
As per USCIS:
Premium processing offers a decision within 15 calendar days for Form I‑140. Standard processing timelines vary but are typically several months.
Visa availability and filing timelines
The US Department of State publishes a monthly Visa Bulletin showing visa availability based on priority dates. The EB‑1 category is usually “current,” allowing for immediate action after I‑140 approval.
Adjustment of status applicants must follow either the Final Action Dates or Dates for Filing chart, as instructed monthly by USCIS.
Advantages of the EB‑1 visa
- No labor certification requirement.
- High visa availability and fast processing.
- Self-petition allowed under EB‑1A.
- Eligible family members (spouse and unmarried children under 21) can also receive green cards.
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