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High Skilled Immigration

Proven Experience with EB-1B Green Cards

See if your research career qualifies for this outstanding researcher green card.

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Overview

The EB-1B is built for outstanding researchers and professors. If your work is internationally recognized and you have an employer ready to support you, this green card can move you toward permanent residence, without the PERM process.

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Why Choose Ellis Porter?

Strategy built around you

No fill-in-the-blank petitions. We learn your achievements and build a case and evidence strategy written for your specific record and field.

Communication you can count on

You work with a dedicated attorney from start to finish. No conflicting answers, no repeating yourself, and a reply within one business day.

Quality that holds up

Our attorneys have personally answered hundreds of RFEs. We prepare your petition to stand up to scrutiny.

People, not case files

This work is personal. We treat every client with respect and care, and we keep sponsors informed clearly at every step of the process.

Results that reflect real experience.

  • 23+ Years guiding clients through a system that rarely stands still.
  • 90k+ Immigration approvals secured for individuals, families, and employers.
  • 4.9/5 Average client review rating across hundreds of cases.

High Skilled Immigration

A green card for recognized research careers.

The EB-1B is a first-preference green card for researchers and professors with international recognition in their academic field. Your employer sponsors the petition, but no PERM labor certification is required.

Employer-sponsored

A qualifying U.S. employer files the petition on your behalf for a permanent research or tenure-track role.

No PERM required

EB-1B skips the PERM labor certification process, which often saves significant time compared to other employment green cards.

International recognition

Strong cases show international recognition for outstanding achievement and at least three years of research or teaching experience.

Published research and peer review

Published research, citations, peer recognition, and service as a reviewer or judge of others’ work all strengthen a petition.

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High Skilled Immigration

A clear process, start to finish.

You should never wonder where your case stands. We coordinate with your sponsoring employer, prepare a strong petition, and stay with you through approval, so you always know what to expect and what to do next.

Confirm fit and coordinate

We confirm EB-1B is the right fit and coordinate with your sponsoring employer on the petition.

Build evidence strategy

We map your strongest evidence around your recognition, contributions, and peer standing.

Draft and file

We draft your petition, legal brief, and recommendation letters, then file your I-140 with USCIS.

Respond and move forward

We respond to any requests for evidence at no additional cost. Once approved, we scope Adjustment of Status as a separate stage.

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High Skilled Immigration

Transparent pricing, no surprises.

You deserve to know what to expect before you begin. Our attorney fee is a flat fee that covers all legal services for your EB-1B petition, with no hidden charges.

EB-1B Outstanding Researcher Green Card

A flat attorney fee for the I-140 petition. Adjustment of Status and government filing fees are handled separately. Some clients may qualify for our refund guarantee.

$8,000

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What your fee includes

  • A full petition and legal brief
  • Recommendation letters drafted for your recommenders
  • RFE responses at no additional cost
  • A dedicated attorney from start to finish
  • Flexible 16-month payment plans available.
  • No PERM required.
  • Adjustment of Status is a separate stage we’ll scope with you
  • Some clients may qualify for our refund guarantee. We confirm whether your case qualifies before you begin

Our EB-1B Attorneys

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Hundreds of Success Stories

My attorneys researched my field and added evidence to strengthen the petition, and no revisions were needed. They truly understood why my work mattered.
A.H.T.
EB-1B Approval, Environmental Engineer

EB-1B requirements

EB-1B requirements: the six criteria and the evidence behind them

The 6 EB-1B criteria (you need at least 2)

Under 8 CFR 204.5(i)(3)(i), you must document at least two of these six:

  1. Receipt of major prizes or awards for outstanding achievement.
  2. Membership in associations that require outstanding achievement of their members.
  3. Published material in professional publications written by others about your work.
  4. Participation, on a panel or individually, as a judge of the work of others in the field.
  5. Original scientific or scholarly research contributions in the field.
  6. Authorship of scholarly books or articles in the field, in journals with international circulation.

As with EB-1A, meeting two criteria is the threshold, and USCIS weighs the evidence as a whole to decide whether you are internationally recognized as outstanding. Citation records, the standing of the journals you publish in, and independent expert letters all help show that recognition. If your record does not slot neatly into two of these, do not count yourself out; a lot of strong cases look uneven at first glance.

Proving your three years of experience

Under 8 CFR 204.5(i)(3)(ii), you need at least three years of experience in teaching or research in the academic field, documented through letters from current or former employers. Those letters should describe the work and confirm its duration. Research experience gained during a doctoral program can count toward the three years if you had full responsibility for the research or if the research is recognized as outstanding, per the regulation’s conditions.

The job offer: what a qualifying employer looks like

The EB-1B is filed by the employer on Form I-140, and the offer must be for a permanent position:

  • A university or institution of higher education offering a tenured or tenure-track teaching or research position; or
  • A department, division, or institute of a private employer offering a permanent research position, where the employer employs at least three full-time researchers and has documented accomplishments in the academic field.

"Permanent" means tenured, tenure-track, or a position with no fixed end date (a term contract that is indefinitely renewable can qualify). This is why corporate and industrial research labs, not just universities, can sponsor EB-1B petitions.

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EB-1B vs EB-1A: the key differences

Applicants with strong academic records often weigh EB-1B against EB-1A. The trade-off is recognition bar versus employer dependence.

EB-1AEB-1B
Who it is forExtraordinary ability, any fieldOutstanding professors and researchers
Self-petitionYesNo, employer must sponsor
Job offerNot requiredRequired (permanent research or teaching)
ExperienceNot specifiedAt least 3 years teaching or research
Criteria3 of 102 of 6
Recognition barVery top of fieldInternationally recognized as outstanding

The practical read: EB-1B has a somewhat lower recognition bar than EB-1A, but it ties you to an employer and a permanent position. Researchers who have a sponsoring institution often find EB-1B a better fit; those without one, or who want to keep their options open, look at EB-1A or the EB-2 NIW. Which fits your situation is an attorney question.

Why “how many citations” is the wrong question

Citation norms vary enormously by field. In some areas, a few hundred citations marks a leading researcher; in others, thousands are ordinary. A raw number means little without that context. USCIS is expected to evaluate evidence in the context of your field, which is why the same citation count can read as outstanding in one discipline and unremarkable in another.

So the useful question is not "how many citations do I have" but "how does my record compare within my field, and what does it show about my recognition." That is a comparative, evidence-based judgment, not a counting exercise.

How citations function as evidence

Used well, citation data can:

  • Contextualize impact. A citation report with field or journal benchmarks shows reviewers how your work stacks up, rather than leaving a bare number to interpret.
  • Support expert letters. Independent experts can point to specific highly cited work and explain why it mattered, which is far stronger than the number alone.
  • Corroborate other criteria. Citations can reinforce original contributions of major significance and scholarly authorship.

What citations cannot do is carry the petition by themselves. A high count next to thin evidence on the other elements, no selective memberships, no press, weak letters, still leaves gaps USCIS can flag.

EB-1C

EB-1C: the multinational manager green card

The core EB-1C requirements

An EB-1C petition has to establish several elements together:

  • One year abroad. You worked at least one continuous year in the three years before the petition, in a managerial or executive capacity, for the qualifying foreign employer.
  • Qualifying relationship. The US employer and the foreign employer share a parent, subsidiary, affiliate, or branch relationship.
  • Managerial or executive capacity, abroad and in the US. Your role abroad was managerial or executive, and the US role will be too.
  • A permanent job offer from the US entity, which generally must have been doing business for at least one year.

Each element carries real weight, and EB-1C denials often turn on just one of them, usually the capacity question below. Do not let that discourage you. Knowing where the pressure points are is exactly what lets you build the file to meet them.

The one-year-abroad rule

Under 8 CFR 204.5(j)(3), you must have worked at least one continuous year within the three years before the petition in a managerial or executive capacity for the qualifying foreign employer. If you are already in the US working for the same organization, the three-year window is measured before you entered in a nonimmigrant status.

The trap: US employment generally does not count toward that year. Your qualifying year is time spent working abroad. Someone who has been on an L-1A in the US for several years still anchors the EB-1C to their earlier overseas year.

The qualifying relationship

The US and foreign employers must share a qualifying relationship:

  • Parent and subsidiary, where one owns and controls the other;
  • Affiliates, under common ownership and control; or
  • Branch, the same company operating in two countries.

You prove this with ownership documentation: stock certificates, corporate registries, and organizational charts. When a company has taken on investors, spun off entities, or restructured, the ownership picture can be complicated, and demonstrating a continuous qualifying relationship becomes a core part of the petition.

Managerial or executive capacity: where cases are decided

This is the part most people worry about, and that instinct is right. The single most scrutinized EB-1C requirement is whether your role is genuinely managerial or executive under INA 101(a)(44).

  • Managerial generally means managing the organization, a department, subdivision, function, or component; supervising professional staff or managing an essential function; and having authority over personnel decisions or operating at a senior level as a function manager.
  • Executive generally means directing the management of the organization or a major component, setting goals and policies, and exercising wide latitude in decision-making with only general oversight.

What USCIS frequently rejects: roles that are primarily hands-on (doing the core work rather than managing it) or that only supervise non-professional employees. Small companies face extra scrutiny, because USCIS asks who does the non-managerial work if the organization is small. Strong petitions use organizational charts, detailed duty descriptions, and staffing evidence to show the role is truly managerial or executive. Because this element is so fact-sensitive, it is the part of the case where attorney analysis matters most.

The US employer conditions

The US petitioner generally must have been doing business for at least one year (8 CFR 204.5(j)(3)(i)(D)) and must offer a permanent managerial or executive position. A brand-new US office usually cannot file an EB-1C right away; companies typically use the L-1A new-office route first and file the EB-1C once the US operation is established and can support a manager or executive.

No labor certification required

Here is a piece of good news. Unlike standard EB-2 and EB-3 cases, the EB-1C does not require a PERM labor certification. That removes months from the timeline and is a major reason qualifying managers and executives use it. The trade-off is the close review of the role and the corporate relationship.

Whether your role, your year abroad, and your company structure meet these requirements is a case-specific judgment. A licensed Ellis Porter attorney can review the facts before the company commits to a petition, and give an honest read on the capacity question that so often decides these cases.

EB-1C vs L-1A: related, but not the same

The EB-1C is often described as the green card version of the L-1A, and the concepts overlap: qualifying relationship, one year abroad, managerial or executive capacity. But they are decided separately:

  • The L-1A is a temporary nonimmigrant visa.
  • The EB-1C is a permanent immigrant petition, and USCIS applies the standards more strictly because it leads to a green card.

Holding L-1A status is not a guarantee of EB-1C approval. Many EB-1C denials involve people who held L-1A status for years but whose petition did not, on its own record, establish managerial or executive capacity to USCIS’s satisfaction. Treat the EB-1C as its own case, not a rubber stamp on the L-1A.

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EB-1 vs EB-2: which category fits

Side-by-side comparison

EB-1EB-2
PreferenceFirstSecond
Who it is forExtraordinary ability, outstanding researchers, multinational managersAdvanced degree or exceptional ability
Self-petitionEB-1A yes; EB-1B/EB-1C noStandard no; NIW yes
PERM requiredNoYes (standard); no (NIW)
Priority datesUsually fasterUsually slower
Bar to qualifyHigherMore reachable

Why priority dates so often decide it

For many applicants, especially those born in high-demand countries, the priority-date gap is what matters most. Because EB-1 is first-preference, its dates generally move faster than EB-2. A backlogged-country applicant who qualifies for EB-1 may get a green card years sooner.

But EB-1 is only faster if you qualify. The EB-1 standards, extraordinary ability, international recognition as an outstanding researcher, or genuine managerial or executive capacity, are demanding. Many strong professionals clearly qualify for EB-2 while EB-1 would be a stretch. That is not a lesser outcome; it is often the smarter, surer path to the same green card.

Filing both, and priority date retention

Because each is a separate Form I-140, some applicants file both EB-1 and EB-2 to hedge. And if you already have an approved EB-2 I-140, you can generally keep that priority date when you later file EB-1, through priority date retention, so moving to the faster category does not cost you your place in line. Whether retention applies is fact-specific.

How to choose

  • Strong, top-of-field record + backlogged country: aim for EB-1 (possibly alongside EB-2).
  • Strong but not top-tier record: EB-2, often with the NIW to self-petition.
  • Employer willing to sponsor, standard profile: EB-2 with PERM or EB-3.

Which category fits your evidence and your priority-date situation is a case-specific judgment a licensed Ellis Porter attorney can assess honestly, without promising a result.

Frequently Asked Questions

Do I need an employer for the EB-1B?

Yes. The EB-1B is employer-sponsored. A qualifying U.S. employer files the petition for a permanent research or tenure-track position.

How is the EB-1B different from the EB-1A?

The EB-1A allows you to self-petition with no employer. The EB-1B requires an employer sponsor and is built specifically for outstanding researchers and professors.

Does the EB-1B require PERM?

No. The EB-1B does not require PERM labor certification, which often makes it faster than EB-2 and EB-3 green cards.

How much experience do I need to qualify?

You generally need at least three years of experience in research or teaching, along with international recognition for your achievements.

What happens after the EB-1B is approved?

Once the I-140 is approved, you move to Adjustment of Status or consular processing. We scope that as a separate stage and walk you through it.

How many EB-1B criteria do I need?

At least two of the six listed in 8 CFR 204.5(i)(3)(i): major prizes or awards, membership in associations requiring outstanding achievement, published material about your work, judging others’ work, original scientific or scholarly contributions, or authorship of scholarly books or articles. As with EB-1A, meeting the criteria is the threshold and USCIS also weighs the evidence as a whole.

How many citations do you need for EB-1B?

There is no required number. Neither INA 203(b)(1)(B) nor 8 CFR 204.5(i) sets a citation threshold, and USCIS does not publish one. The legal standard is international recognition as outstanding in your academic field. Citations are evidence of impact, weighed in context of your field’s norms, not a pass or fail line.

What if my field has low citation counts?

USCIS is expected to weigh evidence in the context of your field. In areas where citation volume is naturally low, a smaller number can still be significant, and other evidence, such as adoption, awards, or expert testimony, carries more weight. The comparison that matters is within your field, not across all of science.

What is the EB-1C green card?

The EB-1C is a first-preference employment-based green card for certain multinational managers and executives, under INA 203(b)(1)(C) and 8 CFR 204.5(j). It is for a person who worked abroad in a managerial or executive capacity for a qualifying company and is transferred to a US entity that has a qualifying relationship with the foreign employer. No labor certification is required.

How long must I have worked abroad for EB-1C?

At least one continuous year within the three years preceding the petition (or your entry to the US in a nonimmigrant status for the same employer), in a managerial or executive capacity, for the qualifying foreign employer. This is the one-year-abroad rule in 8 CFR 204.5(j)(3). Time already spent working for the US entity generally does not count toward that year.

Does time on an L-1A count toward EB-1C?

L-1A time in the US does not satisfy the one-year-abroad requirement, which must be foreign employment. But holding L-1A status is common before an EB-1C and does not disqualify you. The petition still relies on your qualifying year working abroad for the related company, not on your US time.

Does EB-1C need PERM labor certification?

No. The EB-1C does not require a PERM labor certification, unlike standard EB-2 and EB-3 cases. This is a major advantage, along with first-preference priority dates. The trade-off is that the EB-1C requires an employer and a genuine managerial or executive role, which USCIS reviews closely.

Is EB-1 or EB-2 faster?

EB-1 is generally faster on priority dates because it is first-preference, which matters most for applicants from backlogged countries like India and China. Both can be premium processed at the petition stage. However, EB-1 is only faster if you qualify for its higher standard; many people qualify for EB-2 who do not meet EB-1.

Can I upgrade from EB-2 to EB-1?

You cannot convert an existing petition, but you can file a new EB-1 petition and, in many cases, keep your earlier priority date from an approved EB-2 I-140 through priority date retention. This lets a strengthening applicant move to the faster category without losing their place in line. Whether retention applies is fact-specific.

This article is general information, not legal advice, and does not create an attorney-client relationship. Eligibility depends on the specific facts of your case. Consult a licensed immigration attorney.

This article is general information, not legal advice, and does not create an attorney-client relationship. The right category depends on the specific facts of your case. Consult a licensed immigration attorney.


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Tell us about your research and your sponsoring employer. We will help you understand whether EB-1B is your strongest path and what to expect from the process next.