EB-1 green card: frequently asked questions

None of its three routes requires PERM labour certification. PERM is the Department of Labor process where an employer establishes no qualified US workers are available, and it is usually the longest stage of an EB-2 or EB-3. Skipping it shortens the process considerably.

Yes. The EB-1A is a self-petition: you file the I-140 yourself, with no job offer and nobody sponsoring you. It is the only one of the three that allows this; EB-1B and EB-1C both require a US employer to petition.

You must meet at least three of ten: recognised awards, memberships requiring outstanding achievement, published material about your work, having judged the work of peers, original contributions of major significance, scholarly authorship, artistic exhibitions, a leading role at distinguished organisations, high remuneration relative to the field, and commercial success in the performing arts.

No, though they share the extraordinary-ability concept. The O-1 is a temporary work visa; the EB-1A is permanent residence. The EB-1A standard is higher: the O-1 asks for acclaim in your field, while the EB-1A requires showing you are among the small percentage who have risen to the top.

USCIS distinguishes personnel management from function management. Supervising someone is not enough: you must direct the organisation, a department, or an essential function, with authority over hiring decisions or over that area's direction. A one-person operation rarely qualifies.

No. From abroad, the case proceeds through consular processing once the I-140 petition is approved and your priority date is current. If you are already inside on a valid status, you can instead adjust status with form I-485.