EB-1 Visa Application in New York

Extraordinary Ability Green Card Guide

The EB-1 visa is one of the most prestigious employment-based immigrant visa categories in the United States. It is reserved for individuals with exceptional achievements, internationally recognized researchers, and high-level multinational executives.

Unlike many other immigration pathways, the EB-1 category often allows applicants to bypass the PERM labor certification process, providing a faster and more direct path to permanent residency (Green Card).

At Caglar & Associates, PLLC, a New York–based immigration law firm, we provide strategic legal guidance to individuals and companies navigating EB-1 petitions across the United States.

What Is the EB-1 Visa?

The EB-1 visa is divided into three subcategories:

• EB-1A: Extraordinary Ability

• EB-1B: Outstanding Professors and Researchers

• EB-1C: Multinational Executives and Managers

Selecting the correct category is critical to the success of your application.

EB-1A: Extraordinary Ability

The EB-1A category is designed for individuals who are at the very top of their field.

Key advantages:

• No job offer required

• No employer sponsorship required

• Self-petitioning allowed

Applicants must demonstrate sustained national or international recognition and a record of continued achievement.

EB-1B: Professors and Researchers

This category applies to academic professionals with international recognition.

Requirements:

• A permanent job offer from a U.S. institution

• At least 3 years of teaching or research experience

• Proven international recognition in the field

Both universities and qualified private employers may sponsor applicants.

EB-1C: Multinational Executives and Managers

The EB-1C category is designed for executives and managers working within multinational organizations.

Requirements:

• At least 1 year of employment abroad in a managerial or executive role within the past 3 years

• Employment with a qualifying U.S. entity (parent, subsidiary, or affiliate)

• A managerial or executive role in the U.S.

  
  

EB-1A Eligibility Criteria

Applicants must either:

• Receive a major international award or meet at least 3 out of 10 regulatory criteria

These include:

• Awards and honors

• Media coverage

• Judging the work of others

• Original contributions

• Publications

• High salary

• Critical roles in distinguished organizations

However, meeting the minimum criteria alone is not sufficient.

The Kazarian Framework (Critical)

EB-1A petitions are evaluated in two steps:

Step 1: Objective Criteria

USCIS determines whether at least 3 criteria are met.

Step 2: Final Merits Determination

USCIS evaluates whether the applicant is truly at the top of their field.

Many cases are denied at this second stage.

EB-1 Application Process

Step 1: Form I-140

File the immigrant petition with supporting evidence.

Step 2: Priority Date

The filing date becomes your place in line.

Step 3: Green Card Processing

• Inside the U.S.: Adjustment of Status (Form I-485)

• Outside the U.S.: Consular processing

Processing Times (2026)

• I-140: Approximately 6 to 19 months

• Premium Processing: 15 business days

• Green Card stage: 6 to 12+ months

Premium Processing Fee (2026): $2,965

Key Changes in 2026

• Increased premium processing fees

• Greater emphasis on objective and measurable evidence

• Higher scrutiny of claims of extraordinary ability

Strategic Approach to EB-1 Cases

1. Build a Strong Narrative

Your achievements must form a consistent and compelling story.

2. Recommendation Letters

• Independent experts carry more weight

• Letters must explain impact, not just praise

3. Quantify Your Impact

Examples include:

• Citation counts

• Revenue growth

• User metrics

• Media reach

Common Mistakes

• Relying on local or regional recognition only

• Failing to show individual contributions

• Weak or generic recommendation letters

• Insufficient documentation of organizational roles

O-1 vs. EB-1

While both categories require extraordinary ability:

• EB-1 has a higher standard

• O-1 is a temporary visa

• EB-1 leads to permanent residency

Strategic Considerations for New York Applicants

In New York, successful EB-1 petitions often emphasize:

• International recognition

• High-impact projects

• Strong media presence

At Caglar & Associates, PLLC, our experience shows that well-structured applications significantly improve approval outcomes.

Frequently Asked Questions

Can I apply for EB-1 while on H-1B?

Yes, many applicants transition from H-1B to EB-1.

Do I need a lawyer?

Not required, but highly recommended due to complexity.

What happens if I receive an RFE?

You will have the opportunity to provide additional evidence to strengthen your case.

EB-1 Visa Lawyer in New York

EB-1 petitions are among the most complex immigration filings and require a strategic legal approach.

Caglar & Associates, PLLC provides:

• Legal representation for New York-based clients

• Nationwide immigration services

Contact Information

Caglar & Associates, PLLC100 Church St, 8th Floor New York, NY 10007

Phone: +1 (646) 874-3575

Email: info@caglarpllc.com

Schedule a Consultation

If you are considering an EB-1 application, we invite you to contact our office for a case evaluation.

We can help you determine eligibility and develop a strategy tailored to your achievements.