EB-1 Requirements: EB-1A, EB-1B and EB-1C Criteria Compared, With 2026 Fees and Wait Times

Three EB-1 categories, three very different tests. Here is who qualifies for each, what the I-140 costs this month, and how long the line really is.

Part of our guide to EB-1A and EB-2 NIW.

The EB-1 requirements depend on which of the three EB-1 categories you mean. EB-1A (extraordinary ability) requires sustained national or international acclaim, proven by a major one-time award or at least 3 of 10 listed criteria, and you can self-petition with no job offer. EB-1B (outstanding researcher or professor) requires international recognition, 3+ years of research or teaching, 2 of 6 criteria and a permanent job offer. EB-1C (multinational manager or executive) requires a year of managerial or executive work abroad for a related company that now employs you in the US. None of the three uses PERM.

If you are on OPT, STEM OPT or H-1B, which category fits your record, what it costs and how long the line is in October 2026 decide whether EB-1 is a real plan or a distraction.

Status as of 2026-10-14. In effect: the G-1055 fee schedule edition 10/07/26; online concurrent I-140 + I-485 filing for unrepresented EB-1A and NIW self-petitioners (since 2026-07-24); the October 2026 Visa Bulletin. Not published: the November 2026 Visa Bulletin, so any November EB-1 cutoff you see is a forecast. USCIS has issued no new EB-1A policy since Policy Alert PA-2026-05 on 2026-08-05.

EB-1 requirements by category at a glance (as of October 2026)

The processing figures are reported by an aggregator around September 2026, not published by USCIS. Check the live USCIS processing-times tool before planning around any number. USCIS's own EB-1 overview page is the source of truth for the criteria below.

EB-1A requirements: extraordinary ability

The EB-1A requirement is the hardest to meet. You must show you are among the small percentage at the very top of your field in the sciences, arts, education, business or athletics, and that you will keep working in that field in the US. No employer is required.

You qualify through either a one-time achievement (a major, internationally recognized award) or at least 3 of these 10 criteria:

1. Lesser nationally or internationally recognized prizes or awards for excellence
2. Membership in associations that require outstanding achievement, judged by recognized experts
3. Published material about you and your work in professional, trade or major media
4. Judging the work of others, such as peer review or competition panels
5. Original contributions of major significance to the field
6. Authorship of scholarly articles in professional journals or major media
7. Display of your work at artistic exhibitions or showcases
8. A leading or critical role for distinguished organizations
9. A high salary or remuneration compared with others in the field
10. Commercial success in the performing arts

Meeting three boxes is only step one. USCIS then runs a final merits determination, the two-step approach from Kazarian v. USCIS, asking whether the whole record shows sustained acclaim. If a criterion does not fit your occupation, you may submit comparable evidence. The full framework is in the USCIS Policy Manual, Volume 6, Part F. For a deeper build-out of the evidence, see our EB-1A extraordinary ability self-petition guide.

What changed for EB-1A in 2026

PA-2026-05, issued 2026-08-05, revised the USCIS Policy Manual guidance titled "Evidence, Requests for Evidence, and Notices of Intent to Deny." It covers every benefit request, but evidence-heavy EB-1A and NIW self-petitions feel it most.

See filing I-140 and I-485 together online as a self-petitioner for the mechanics.

EB-1B requirements: outstanding researcher or professor

EB-1B is built for academics and industry researchers. You need:

• International recognition as outstanding in a specific academic area.
• At least 3 years of teaching or research experience in that area. Research done while earning an advanced degree can count only in limited circumstances, so confirm how yours is treated.
• A qualifying offer: a tenured or tenure-track teaching post or comparable permanent research post at a university, or a permanent research job with a private employer that has at least three full-time researchers and documented accomplishments.
• At least 2 of 6 criteria: major prizes or awards for outstanding achievement; membership in associations requiring outstanding achievement; published material by others about your work; judging the work of others; original scientific or scholarly research contributions; and authorship of scholarly books or articles in journals with international circulation.

The offer is a common sticking point. "Permanent" means indefinite or unlimited duration with an expectation of continued employment, so a fixed-term postdoc usually does not qualify. Nonprofit universities pay a $0 Asylum Program Fee. Our EB-1B outstanding researcher and professor guide covers how industry R&D roles fit.

EB-1C requirements: multinational manager or executive

EB-1C has nothing to do with publications or awards. It tests corporate structure and job duties:

• You worked outside the US for at least 1 year in the 3 years before the petition (or before you entered the US as a nonimmigrant to work for the same employer) in a managerial or executive capacity.
• The foreign employer and the US employer are qualifying related entities: parent, branch, subsidiary or affiliate.
• The US employer has been doing business for at least 1 year.
• You are coming to work in a managerial or executive capacity in the US.

It suits L-1A transferees and H-1B workers who managed a team or function at the company's overseas office. A title is not enough; USCIS looks at whom you supervise, what you manage and how much discretion you hold. Our EB-1C multinational manager green card path explains the "functional manager" route.

EB-1 fees as of October 2026

Every figure below comes from the USCIS fee schedule, Form G-1055, edition 10/07/26. Recheck it and the Form I-140 page before you pay.

So an EB-1A self-petitioner filing online pays $665 + $300 = $965, and a regular employer filing on paper pays $715 + $600 = $1,315, before premium processing, which is requested on Form I-907; its guaranteed window differs by category, so read the current USCIS page. It speeds up a decision, not the evidence standard.

EB-1 GC processing time: three steps in sequence

Your EB-1 GC processing time is really three steps, and the slowest one depends on your country of birth:

1. I-140 adjudication. According to an aggregator's reading of USCIS data around September 2026 [reported], 80% of regular-processing cases were decided within about 32.5 months (EB-1A), 15 (EB-1B) and 27.5 (EB-1C). Premium processing shortens this step only.
2. Visa Bulletin wait. Your priority date (for EB-1, the date USCIS receives the I-140) must be current before a green card can be issued.
3. I-485 or consular processing. If you are in the US, Form I-485 can be filed when the chart USCIS designates for that month allows it, or together with the I-140 if your date is already current.

Here are the October 2026 EB-1 cutoffs from the Visa Bulletin on travel.state.gov:

For October, USCIS says employment-based I-485s use the Dates for Filing chart. That can change monthly; see the USCIS filing charts page. For other countries, read the bulletin rather than assuming "Current". The November bulletin is not yet published.

How EB-1 interacts with OPT, STEM OPT and H-1B

• H-1B. H-1B allows immigrant intent, so an EB-1 petition can sit alongside it. Under AC21, an approved I-140 can support 3-year H-1B extensions past the six-year limit when the green card is held up by per-country limits. If a layoff hits, the 60-day worker grace period still applies today; its elimination is only proposed (comments close 2026-11-10).
• F-1, OPT and STEM OPT. F-1 is not a dual-intent status, so an immigrant petition can raise questions about nonimmigrant intent at a visa renewal interview or at the port of entry. A licensed immigration attorney can speak to petition timing; your DSO handles anything touching SEVIS or your OPT dates. They answer different questions.
• Work permits. An approved I-140 is not work authorization. A pending I-485 lets you apply for an EAD, and the I-765 filed with a pending post-2024-04-01 I-485 is $260. A final rule published 2026-10-14 and in effect confirms that EAD renewals filed on or after 2025-10-30 get no automatic extension, so a gap between an EAD's expiry and the renewal decision now means a gap in work authorization.
• The PERM suspension. DOL's suspension of eight named employers, announced 2026-10-08 and in effect, covers PERM only. EB-1 does not go through PERM, but if your employer is on that list, its immigration counsel is the right source on how it is handling green card filings.

If you are still weighing EB-1 against EB-2, our EB-1 vs EB-2 wait by country breakdown puts the October 2026 numbers side by side.

Common mistakes

• Counting criteria and stopping. Three EB-1A boxes start the analysis. The final merits review decides it.
• Banking on an RFE. Since PA-2026-05, practitioners read the guidance as making a denial without one more likely. RFEs that do arrive commonly give 30 days.
• Treating a postdoc as a permanent offer. EB-1B needs a permanent or tenure-track position. A fixed-term appointment usually is not one.
• Confusing a title with managerial capacity. EB-1C looks at duties, reports and discretion, not what your business card says.
• Equating I-140 approval with a green card. For India and China, the Visa Bulletin wait can be longer than the petition itself.
• Mixing up the two charts. Final Action Dates and Dates for Filing differ, and USCIS picks one each month.
• Using stale fees or form editions. G-1055 is at edition 10/07/26 today; it will change.

Which category you qualify for is a judgment for a licensed immigration attorney looking at your evidence.

Frequently asked questions

What are the EB-1 requirements for each category?

EB-1A needs sustained acclaim (a major award, or 3 of 10 criteria plus final merits) and allows a self-petition. EB-1B needs international recognition, 3 years of research or teaching, 2 of 6 criteria and a permanent offer. EB-1C needs 1 year of managerial or executive work abroad in the prior 3 years for a related company that now employs you in a US managerial or executive role.

Does an EB-1 green card need a job offer or PERM?

No EB-1 category goes through PERM. EB-1A needs no job offer and allows a self-petition. EB-1B and EB-1C need a US employer to file the I-140, and EB-1B needs a permanent research or tenure-track teaching offer.

How long does EB-1 green card processing take in 2026?

An aggregator reported 80th-percentile regular I-140 times around September 2026 of about 32.5 months (EB-1A), 15 (EB-1B) and 27.5 (EB-1C); confirm with the live USCIS tool. India and China applicants then wait for October 2026 Final Action Dates of 2023-02-01 and 2023-07-01.

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

An I-140 can be filed for a beneficiary inside or outside the US, but the consequences differ by status. H-1B allows immigrant intent and F-1 does not, so a pending or approved I-140 can matter at a visa interview or at reentry. Talk to a licensed immigration attorney before filing, and to your DSO about anything touching SEVIS or OPT.

How much does an EB-1 I-140 cost in October 2026?

Under G-1055 edition 10/07/26: $715 paper or $665 online, plus an Asylum Program Fee of $600, $300 (small employer or self-petitioner) or $0 (nonprofit). Premium processing is $2,965.

Many EB-1 hopefuls are building their record while holding the H-1B or OPT job that keeps them in status. F1Jobs runs a job-search service for international candidates, not a law practice. If the sponsored-job side of your plan needs work, you can reach F1Jobs.