EB-1 First-Preference Green Cards
Guide
This guide covers the two paths most relevant to students, graduates, and academics: Extraordinary Ability (EB-1A) and Outstanding Professors and Researchers (EB-1B).
Written by Diane Rish, Immigration Lawyer and Deputy Director, Talent Mobility Fund and the International Student Resource
Last updated: July, 2026
What is an EB-1 Visa?
EB-1 is the "first preference" employment-based green card. As a first-preference category it usually has a shorter wait than EB-2 or EB-3, and often no wait at all for people born in countries other than India or China. EB visas are the fastest employment-based green card categories - for people at the top of their field and for outstanding professors and researchers.
Extraordinary Ability (EB-1A)
EB-1A is sometimes called the "Einstein visa," but you do not need to be an Einstein. The law requires that you are known at the national or international level, are considered at the top of your field, and there are feasible ways for talented people to meet that standard. Two advantages stand out: you do not need an employer to sponsor you and you do not need a Department of Labor (DOL) labor certification, so you can file Form I-140 yourself; and as a first-preference category the green card wait is shorter.
There are two ways to qualify. The first is a one-time achievement which is a major, internationally recognized award (the USCIS example is a Nobel Prize), which is a very high standard. Far more commonly, you qualify by meeting at least three of ten criteria. (A separate FAQ lists all ten.) Note that being approved for an O-1 nonimmigrant visa does not by itself qualify you: USCIS does not approve a permanent (immigrant) petition based on a prior temporary (nonimmigrant) approval, so you must independently document your eligibility, though you may mention an O-1 approval.
The ten EB-1A criteria
You meet the first step by documenting at least three of the following:
Nationally/internationally recognized awards
Membership in an organization that requires outstanding achievement
Published material about you; serving as a judge of others' work
Contributions of major significance
Authorship of scholarly articles
Display of work at artistic exhibitions
A leading or critical role for a distinguished organization
A high salary; or commercial success in the performing arts. If a criterion doesn't fit your occupation, you can substitute a comparable achievement, but you still need at least three total.
(See the FAQ "What are the EB-1A extraordinary ability criteria?")
The “final merits determination"
Meeting three criteria is only the first step. Once USCIS agrees you have three qualifying achievements, it reviews all your evidence as a whole to decide whether you have "sustained national or international acclaim" and are among the "small percentage at the top of the field." This second step is the "final merits determination."
No job offer required for EB-1A
You do not need a job offer and can self-petition on Form I-140. Plans to start your own business in your area of expertise are acceptable. You must explain how you intend to continue working in your field through letters from potential employers, contracts or other prearranged commitments, or your own detailed statement.
Outstanding Professors and Researchers (EB-1B)
EB-1B is also first preference, but differs from EB-1A in important ways: you cannot self-petition, your employer must file Form I-140 and offer a tenure, tenure-track, or permanent position (no labor certification is required). You must have at least three years of teaching or research experience (qualifying graduate-student experience counts if you earned the degree and either had full responsibility for the class or your research is recognized as outstanding). You need to document only two of six achievements (a major prize; qualifying membership; published material about your work; judging others' work; major-significance contributions; scholarly books or articles) before USCIS proceeds to a final-merits review of whether you are internationally recognized as outstanding.
The sponsoring employer must be a U.S. college/university or a private employer that has documented accomplishments and employs at least three full-time researchers, and must offer a tenure/tenure-track or permanent research position. A post-doctoral position can count as permanent if it has no specific end date and you expect to continue unless there is good cause to end it; USCIS may weigh term limits against evidence that funding is routinely renewed. The employer must also show its ability to pay the offered salary.
How EB-1A and EB-1B differ
EB-1A: self-petition, no employer or labor certification, three of ten criteria, standard is "top of the field."
EB-1B: employer-sponsored, requires a permanent/tenure-track job offer and three years' experience, two of six criteria, standard is "internationally recognized as outstanding."
Related resources
The O-1 Extraordinary Ability Visa (the temporary counterpart)