EB-1B green card
A green card for outstanding professors and researchers
EB-1B is a first-preference green card for professors and researchers recognized internationally as outstanding in their academic field. Your employer files. No labor certification is needed. You need 2 of 6 criteria, 3 years of experience and a permanent job offer.
Last checked September 2026 · Sources
- Who files
- Your US employer
- Labor certification
- Not required
- Criteria needed
- 2 of 6
- Legal fee from
- $8,995 flat
Quick answer
What are the EB-1B requirements?
You must be recognized internationally as outstanding in your academic field, meet at least 2 of 6 criteria, have at least 3 years of teaching or research experience, and have a permanent research or tenure-track job offer from a US employer, which files for you.
- No labor certification is needed.
- Your employer files; you cannot file for yourself.
- Form I-140: $715 by mail or $665 online.
What it is
What EB-1B gives you
EB-1B is a green card for professors and researchers who are recognized internationally as outstanding in a specific academic field. It is in the first preference group (EB-1), next to EB-1A.
What gets easier: your employer does not need a labor certification from the Department of Labor. That skips the job-market test that PERM cases go through. Your spouse and unmarried children under 21 may be able to get green cards with you.
What you still need: a qualifying US employer that offers you a permanent job, and your employer files the petition. The employer must also show it can keep paying your offered wage. A partner-firm attorney confirms whether you and the job qualify before anything is filed.
Requirements
The four things EB-1B needs
All four must be true. The criteria alone are not enough.
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International recognition
You are recognized internationally as outstanding in your academic field. An academic field is a body of knowledge taught at US universities, such as particle physics. It cannot be one tiny topic.
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At least 3 years of experience
You have at least 3 years of teaching or research in the field. Time during your PhD counts only if you earned the degree, and you had full responsibility for the classes you taught, or your research was recognized as outstanding.
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A qualifying employer
A US university or institution of higher learning. Or a department, division or institute of a private company that employs at least 3 full-time researchers and has documented achievements in an academic field. Government agencies usually do not qualify unless they are a university or institution of higher learning.
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A permanent job offer
A tenured or tenure-track teaching job, or a permanent research job. Permanent means indefinite, with an expectation of continued work. Temporary, adjunct or fixed-term fellowship roles do not count as tenure-track. A grant-funded research job renewed each year can still count if the employer shows it expects to keep it going.
The offer must be a letter from the employer to you. It must name the tenured, tenure-track or permanent research position.
The criteria
The 6 EB-1B criteria, in plain English
You need evidence that meets at least 2 of these 6. Here is what each means, and what does not count.
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Major awards
Major prizes or awards you received for outstanding achievement in your academic field. Some dissertation awards and conference awards can count. Does not count: an award your employer received. Awards open only to one town, employer or school often carry little international weight.
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Membership
Membership in an association that requires outstanding achievement. A fellow level judged by experts can count. Does not count: general membership, or membership based only on a degree, years of experience, a fee or a subscription.
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Published material about your work
Articles written by others about your work in professional publications, with title, date and author. A wider article can count if it discusses your work in depth. Does not count: articles only about your employer, or papers that cite you as one of many footnotes.
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Judging others’ work
You judged the work of others in your academic field or a related one. Examples are journal peer review, conference abstract review, dissertation committees and government grant review. Does not count: an invitation alone. Show the request and proof you finished the review.
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Original research contributions
Original scientific or scholarly research contributions to your academic field. This does not need to be of major significance, but it must be a contribution to the field, not only to your lab or school. Proof can be citation history, journal impact, patents, commercial use, or detailed expert letters. Does not count: simply doing original research, or counting your articles again here.
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Scholarly books or articles
Scholarly books or articles you wrote, in journals with international circulation in your field. Published papers from recognized conferences can count. Does not count: journals you cannot show have international circulation, or writing that is not scholarly.
Meeting 2 criteria is step one. In step two, USCIS weighs all your evidence together and asks if you are recognized internationally as outstanding. Helpful signs include high citations for your field, work at leading institutions, invited talks at major conferences and named roles on competitive US government research grants. If the criteria do not readily apply, comparable evidence may be used.
Compare
EB-1B, EB-1A or EB-2 NIW?
Many researchers can look at more than one route. The biggest difference is who files and whether you need a job offer.
| EB-1B | EB-1A | EB-2 NIW | |
|---|---|---|---|
| Who files | Your US employer | You, or anyone for you | You, or an employer |
| Job offer needed | Yes, permanent research or tenure-track job | No | No, if the waiver is granted |
| Labor certification | Not required | Not required | Waived if the NIW is granted |
| The bar | Recognized internationally as outstanding in your academic field | Top of your field, with sustained acclaim | Advanced degree or exceptional ability, plus 3 national interest tests |
| Evidence | 2 of 6 criteria, plus 3 years of experience | Major award, or 3 of 10 criteria | EB-2 proof, plus merit, national importance and being well positioned |
| Visa group | EB-1 | EB-1 | EB-2 |
| Premium processing | 15 business days | 15 business days | 45 business days |
| Legal fee from | $8,995 | $8,995 | $7,995 |
EB-1B ties your case to one employer’s offer. EB-1A and NIW do not need an employer. An attorney can tell you which route fits your record. See EB-1A and EB-2 NIW.
How it works
From first check to green card
Here is the usual path. Your attorney confirms each step for your case.
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See where you stand
FreeUpload your CV to Frank’s free evaluation. You see your standing criterion by criterion. No account or card needed.
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Strengthen thin areas
VariesFrank finds peer review, panels, awards, memberships, speaking calls and press ranked by the criterion they help. You approve each application.
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Confirm the job and employer
The attorneys check that your employer and position qualify, and that the offer letter says what it must.
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Letters and petition
You get coaching on recommendation letters. The attorneys prepare Form I-140 for your employer to file. A second attorney reviews it.
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File Form I-140
15 business days with premiumPremium processing is optional. With it, USCIS must act within 15 business days. That can be an approval, a denial or a request for more evidence.
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Final step to your green card
Depends on your countryWhen a visa number is available, you file Form I-485 in the US or apply for an immigrant visa abroad. If a number is already available, Form I-485 can be filed with the I-140. EB-1 green cards have yearly limits and limits by country. For some countries, the wait can take years. Check the Visa Bulletin and USCIS processing times.
Costs
What EB-1B costs
Government fees go to USCIS. The legal fee goes to the partner law firm.
| What | Paid to | Amount |
|---|---|---|
| Form I-140 filing fee | USCIS | $715 by mail, $665 online |
| Asylum Program Fee | USCIS | $0 for nonprofits, including not-for-profit universities and government research organizations. $300 for employers with 25 or fewer full-time equivalent employees. $600 for others. |
| Premium processing, optional (Form I-907) | USCIS | $2,965 |
| Form I-485, if you apply inside the US (age 14 and over) | USCIS | $1,440 by mail, $1,390 online where allowed |
| Work permit while I-485 is pending, optional (Form I-765) | USCIS | $260 |
| Travel document while I-485 is pending, optional (Form I-131) | USCIS | $630 by mail |
| USCIS Immigrant Fee, if you finish abroad | USCIS | $235 |
| Immigrant visa fees, if you finish abroad | US Department of State | Set by the State Department |
| Legal fee, flat, never hourly | Partner law firm | From $8,995 (tiers: $8,995, $10,975, $14,975, $17,975) |
Government fees are from the USCIS Fee Schedule (Form G-1055, edition 09/09/26), as of September 2026. A small employer has 25 or fewer full-time equivalent employees. If Form I-140 is filed together with premium processing, it must be filed by mail. Fees change, so your attorney confirms them before filing. The legal fee includes a senior-attorney case lead, a strategy memo, petition preparation and filing, letter coaching, second-attorney review, an RFE or NOID response if one comes, unlimited communication, a case portal and visa stamping support. Paid separately: government fees, optional premium processing, translations and documents, and any third-party expert opinion letters.
How we help
A stronger record, with less guesswork
Frank, your extraordinary ability partner, helps you build and organize your evidence. Licensed attorneys at an independent partner firm do all the legal work, under a separate agreement. Green Card Guide is not a law firm. Frank plans: free evaluation, Starter $49 a month (7 days free, no card), Pro $299 a month, Concierge $599 a month.
Know where you stand
Frank’s free evaluation checks your CV against the EB-1B criteria. You see what is strong and what is thin.
Real opportunities, ranked
Peer review, panels, awards, memberships, speaking calls and press, ranked by the criterion they help. No paid awards, bought panel seats, pay-to-play memberships or pay-to-publish journals.
Proof, saved as you go
Frank prepares and submits applications you approve, and saves each win as evidence in USCIS exhibit format. A weekly email tells you the next step.
Two attorneys on the petition
A lead attorney and a second reviewer on every petition. A flat fee quoted before signing. RFE or NOID responses included on cases they filed.
FAQ
Questions people ask us
It depends on the job. The position must be permanent, meaning indefinite, with an expectation of continued work. A fixed-term role usually does not qualify. A grant-funded job renewed each year can count if the employer shows it expects to keep it going. Your attorney checks your offer.
Only if you earned the degree and either had full responsibility for the classes you taught, or your research was recognized in the field as outstanding.
Usually not for EB-1B, unless the agency is a US university or institution of higher learning. A government agency may be able to file under EB-1A instead.
Not automatically. USCIS then looks at the quality of all your evidence together and asks if you are recognized internationally as outstanding.
No. It is information to help you plan. A licensed attorney at the partner firm confirms whether you qualify before anything is filed. No outcome is guaranteed.
Sources · checked September 2026
- 8 CFR 204.5(i), Outstanding professors and researchers (eCFR)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 3, Outstanding Professor or Researcher (current as of Sept. 18, 2026)
- USCIS: Employment-Based Immigration, First Preference EB-1
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2 (EB-1A)
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5 (EB-2 and NIW)
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Form I-140 page (filing and fee guidance)
- USCIS: Guidance on Paying Fees for Form I-140 (Asylum Program Fee)
- USCIS: Frequently Asked Questions on the USCIS Fee Rule (archive)
- USCIS: How Do I Request Premium Processing?
- USCIS: Visa Availability and Priority Dates
- USCIS: Forms Available to File Online (updated 07/24/2026; I-485 online with I-140)
- U.S. Department of State: Visa Bulletin
- USCIS: Check Case Processing Times
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
