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.
High Skilled Immigration
See if your research career qualifies for this outstanding researcher green card.
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.
No fill-in-the-blank petitions. We learn your achievements and build a case and evidence strategy written for your specific record and field.
You work with a dedicated attorney from start to finish. No conflicting answers, no repeating yourself, and a reply within one business day.
Our attorneys have personally answered hundreds of RFEs. We prepare your petition to stand up to scrutiny.
This work is personal. We treat every client with respect and care, and we keep sponsors informed clearly at every step of the process.
High Skilled Immigration
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.
A qualifying U.S. employer files the petition on your behalf for a permanent research or tenure-track role.
EB-1B skips the PERM labor certification process, which often saves significant time compared to other employment green cards.
Strong cases show international recognition for outstanding achievement and at least three years of research or teaching experience.
Published research, citations, peer recognition, and service as a reviewer or judge of others’ work all strengthen a petition.
High Skilled Immigration
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.
We confirm EB-1B is the right fit and coordinate with your sponsoring employer on the petition.
We map your strongest evidence around your recognition, contributions, and peer standing.
We draft your petition, legal brief, and recommendation letters, then file your I-140 with USCIS.
We respond to any requests for evidence at no additional cost. Once approved, we scope Adjustment of Status as a separate stage.
High Skilled Immigration
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.
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
My attorneys researched my field and added evidence to strengthen the petition, and no revisions were needed. They truly understood why my work mattered.

EB-1B requirements
Under 8 CFR 204.5(i)(3)(i), you must document at least two of these six:
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.
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 EB-1B is filed by the employer on Form I-140, and the offer must be for a permanent position:
"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.
Applicants with strong academic records often weigh EB-1B against EB-1A. The trade-off is recognition bar versus employer dependence.
| EB-1A | EB-1B | |
|---|---|---|
| Who it is for | Extraordinary ability, any field | Outstanding professors and researchers |
| Self-petition | Yes | No, employer must sponsor |
| Job offer | Not required | Required (permanent research or teaching) |
| Experience | Not specified | At least 3 years teaching or research |
| Criteria | 3 of 10 | 2 of 6 |
| Recognition bar | Very top of field | Internationally 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.
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.
Used well, citation data can:
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
An EB-1C petition has to establish several elements together:
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.
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 US and foreign employers must share a qualifying relationship:
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.
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).
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 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.
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.
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:
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.
| EB-1 | EB-2 | |
|---|---|---|
| Preference | First | Second |
| Who it is for | Extraordinary ability, outstanding researchers, multinational managers | Advanced degree or exceptional ability |
| Self-petition | EB-1A yes; EB-1B/EB-1C no | Standard no; NIW yes |
| PERM required | No | Yes (standard); no (NIW) |
| Priority dates | Usually faster | Usually slower |
| Bar to qualify | Higher | More reachable |
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.
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.
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.
Yes. The EB-1B is employer-sponsored. A qualifying U.S. employer files the petition for a permanent research or tenure-track position.
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.
No. The EB-1B does not require PERM labor certification, which often makes it faster than EB-2 and EB-3 green cards.
You generally need at least three years of experience in research or teaching, along with international recognition for your achievements.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.