EB-1 Green Card: Extraordinary Ability, Outstanding Researcher and Multinational Manager Compared

The three categories side by side

The statute lists three groups of priority workers: persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers (INA 203(b)(1)(A) to (C)). The table shows how the Form I-140 rules differ. The employment green card guide compares EB-1 with EB-2 and PERM. The EB-1A and EB-2 NIW service page covers how a case is built.

Note 1

EB-1A: the ten criteria

The Policy Manual lists the ten criteria in the regulation. A petitioner meets the initial evidence with a one-time achievement, which the chapter describes as a major internationally recognized award such as the Nobel Prize, or with evidence of at least three of these:

• lesser nationally or internationally recognized prizes or awards for excellence;
• membership in associations that require outstanding achievement of their members, as judged by recognized authorities;
• published material about the person in professional or major trade publications or other 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 other major media;
• display of the person's work at artistic exhibitions or showcases;
• a critical role for organizations or establishments that have a distinguished reputation;
• a high salary or other significantly high remuneration in relation to others in the field; and
• commercial successes in the performing arts, shown by box office receipts or sales.

EB-1A: the second step and what it does not require

The Policy Manual describes a two-step review: first whether the evidence meets the criteria, then a final merits determination of whether the person is one of that small percentage who has risen to the very top of the field. USCIS applies the preponderance of the evidence standard at both steps. The chapter notes a policy alert of 2 October 2024 titled “Extraordinary Ability Criteria Clarification”. A court decision on the final merits step is covered in the Mukherji v. Miller guide.

No job offer is needed, so the person may file the petition. The person must intend to continue to work in the area of expertise, and the entry must substantially benefit the United States in the future.

EB-1B: outstanding professors and researchers

Only a U.S. employer may petition. The professor or researcher must be recognized internationally as outstanding in a specific academic area, meaning a body of specialized knowledge offered for study at an accredited U.S. university or institution of higher education. The regulation asks for at least two of six kinds of evidence: major prizes or awards, membership in associations that require outstanding achievement, published material about the person's work, participation as a judge of the work of others, original scientific or scholarly contributions, and authorship of scholarly books or articles in journals with international circulation (8 CFR 204.5(i)(3)). The person also needs at least three years of experience in teaching or research in the academic field.

The Policy Manual describes the same two-step review as for EB-1A. Meeting two criteria does not by itself establish eligibility, and officers evaluate the evidence together. A permanent labor certification is not required, but the petitioner must submit an offer letter for a tenured or tenure-track teaching position or for a permanent research position in the academic field, and it must show that it can pay the salary. A private employer's department, division or institute must employ at least three full-time research staff and have documented accomplishments in the field. The Manual says government agencies do not qualify as private employers.

EB-1B in practice: what counts as permanent

A permanent research position is one intended to be indefinite or unlimited in duration, with an expectation of continued employment. The Manual says a grant-funded, one-year contract can count if the employer shows that funding is intended to continue and is reasonably expected to be renewed, and officers should not deny a petition only because the contract lacks a “good cause” termination clause. Temporary, adjunct or limited-duration fellowship roles without a reasonable expectation of long-term employment are not treated as tenured or tenure-track.

EB-1C: multinational executives and managers

The statute requires that the person “has been employed for at least 1 year by a firm or corporation or other legal entity” abroad and seeks to enter the United States to continue to render services in a managerial or executive capacity (INA 203(b)(1)(C)). The regulation and the Policy Manual add these points:

• Time abroad. The person worked outside the United States for at least one year within the three years before the petition, or before entering as a nonimmigrant, in a managerial or executive capacity for the same entity or an affiliate or subsidiary (8 CFR 204.5(j)(3)).
• Qualifying relationship. The U.S. employer and the foreign entity must be the same employer, or parent and subsidiary, or affiliates. The Manual says ownership and control are examined. A domestic branch of a foreign company cannot file, although a U.S. company with a foreign branch can.
• Doing business. Both entities must be doing business, which means “the regular, systematic, and continuous provision of goods and/or services”. The U.S. employer must have done business for at least one year before filing. Legal existence alone is not enough.
• The primarily test. The person must primarily perform managerial or executive duties, and a title alone does not qualify. Sufficient staff must handle the day-to-day operations. A functional manager must manage an essential function and not perform it. The Manual cites Matter of G-, Inc. (2017) for five requirements, including that the function is clearly defined and essential and that the person is senior and has discretion.
• Ability to pay. The petitioner must show that it can pay the salary for a permanent job offer.

EB-1C compared with the L-1A

Both categories serve managers and executives of related companies, but the rules differ. The Policy Manual states that:

• the L-1 allows new-office petitions, while EB-1C does not: a person coming to open a new office is not eligible, and the executive must join an existing U.S. business that has operated for at least a year;
• L-1 status is temporary and may need proof of continuing business at extension, while EB-1C is permanent and has no conditional residence period;
• there is no “specialized knowledge” version of EB-1C, although an L-1B worker may qualify if the work abroad was managerial or executive and the U.S. job will be managerial or executive; and
• an earlier L-1A approval is relevant but not binding.

Fees and timing as of November 2026

USCIS says that, with a request for premium processing, it must take action within 15 business days for the EB-1A (E11) and EB-1B (E12) classifications and within 45 business days for EB-1C (E13). The period stops when USCIS sends a request for evidence or a notice of intent to deny and restarts when USCIS receives the response, and USCIS refunds the premium fee if it does not act in time. Premium processing speeds up the action on the I-140 only. It does not change the Visa Bulletin or the other steps.

If the I-140 is approved, USCIS says the spouse and unmarried children under 21 may be eligible to apply for admission in the E-14 and E-15 classifications. For November 2026 USCIS says employment-based applicants use the Dates for Filing chart when they file Form I-485.

Note 2