EB-1 Visa Lawyers in New York City

The EB-1 visa is an employment-based Green Card for people with extraordinary ability in science, business, education, the arts, or athletics, as well as outstanding professors, researchers, and certain multinational executives and managers.

It offers a path to U.S. permanent residency, allowing you to live and work in the country long term as a lawful permanent resident. In New York City, EB-1 visa holders drive innovation in the arts, academia, healthcare, finance, media, and tech startups.

Securing an EB-1 often marks the shift from “working in New York for now” to being able to establish a long-term life and career in the city.

The EB-1 visa is for people at the top of their field or in qualifying executive and managerial roles.

USCIS recognizes three categories within EB-1: EB-1A for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, shown through sustained national or international acclaim; EB-1B for outstanding professors and researchers who are internationally recognized in their academic field and are coming to the U.S. for a tenure, tenure-track, or comparable research position; and EB-1C for certain multinational managers and executives transferring to a U.S. employer in a qualifying managerial or executive role.

In New York, that can mean a scientist conducting research at a major university, an entrepreneur building a startup in the tech or finance sector, a musician performing at Carnegie Hall, or an actor working on a Broadway production.

What matters most is not where you work, but that your achievements demonstrate extraordinary ability and recognition in your profession.

For NYC-based professionals, the EB-1 Green Card offers powerful advantages:

• Live and work in New York permanently: EB-1 creates a path to a Green Card, so you can live and work in the U.S. without having to worry about visa end dates or renewals.
• Faster path than many other Green Card categories: EB-1 is often one of the quickest employment-based options, especially compared to PERM-based routes like EB-2 and EB-3, which can take years.
• No PERM labor certification: Unlike many other employment-based Green Cards, EB-1 does not require a PERM labor certification with the Department of Labor, which saves significant time and complexity.
• Less dependency on a single employer (for EB-1A): If you qualify for EB-1A, you can self-petition instead of relying on a specific U.S. employer.

This gives you more freedom to move between roles or employers in NYC’s finance, tech, media, and arts sectors.

• Include your family in your move to New York: Your spouse and unmarried children under 21 can also become permanent residents, allowing your family to build a life in NYC alongside you.
• Path to U.S. citizenship: Once you’ve held a Green Card and met the residency requirements, you can apply for U.S. citizenship, which is often an important long-term goal for professionals who want to fully put down roots in New York.

Yes. Once your priority date is current, you are allowed to apply for the Green Card and a work permit. Once the work permit is approved, you can generally work for any U.S. employer, start a business, or take on freelance and consulting work in NYC.

You don’t need to wait for the actual Green Card to be approved. That might look like:

• a software engineer with a full-time fintech role who also advises startups, - a designer who keeps a staff position while taking select freelance campaigns, - or a musician with a main ensemble plus independent gigs.

For EB-1A, you self-petition based on your achievements and then have broad freedom to structure your work as long as you stay in your field.

EB-1B and EB-1C require a qualifying job offer at the petition stage, but once you have your Green Card, your long-term work options are much more flexible than on a visa.

Who files your EB-1 petition depends on which EB-1 category you’re using: EB-1A (extraordinary ability): You can self-petition. You don’t need a specific NYC employer to sponsor you, but you do need to show you’ll keep working in your field.

This can be through job offers, contracts, a business plan, or ongoing projects in New York. EB-1B (outstanding professors and researchers) and EB-1C (multinational managers and executives): A U.S. employer must file the petition on your behalf. In New York, that could be:

• A major university or research hospital hiring you into a long-term academic or research role
• A global company’s NYC or U.S. headquarters sponsoring you as a senior manager or executive
• A large finance, media, or tech employer bringing you on for a specialized leadership or research position

Whether you’re self-petitioning under EB-1A or sponsored by a New York–based employer under EB-1B or EB-1C, the EB-1 category is designed to let you build a long-term, New York–centered career at the top of your field.

Because EB-1 is reserved for “priority workers,” it often moves more quickly than other employment-based categories. There’s no PERM step, and applicants wait for less time to receive a visa than EB-2 and EB-3 applicants.

For NYC-based professionals and employers, that can translate into shorter timelines from approval to permanent residence, which is critical when you’re trying to retain top talent in a competitive market.

The criteria for the EB-1 visa depend on which subcategory you’re applying for. Criteria for the EB-1A (Extraordinary Ability) To qualify for EB-1A, you must show extraordinary ability in your field, either by:

1. A one-time major achievement (like a Nobel Prize), or
2. Meeting at least 3 of USCIS’s criteria, which include things like:

• Significant awards or prizes
• Memberships that require outstanding achievements
• Published material about you in major media or journals
• Serving as a judge of peers’ work
• Original contributions of major significance (e.g., patents, widely cited work)
• Authorship of scholarly articles
• Leading or critical roles at distinguished organizations
• High salary or compensation compared to others in your field
• Work displayed at artistic exhibitions or showcases
• Commercial successes in the performing arts Criteria for the EB-1B (Outstanding Professors and Researchers) To qualify for EB-1B, you must:

1. Have at least 3 years of teaching or research experience, and 2. Be recognized internationally as outstanding in your academic field, and 3. Have a tenure, tenure-track, or comparable research position offer from a U.S. employer, and 4. Meet at least 2 of USCIS’s criteria, such as:

• Major awards or prizes for achievement
• Memberships that require outstanding accomplishments
• Published material about your work
• Serving as a judge of others’ research
• Original scientific or scholarly contributions
• Authorship of scholarly books or articles Criteria for the EB-1C (Multinational Managers and Executives) To qualify for EB-1C, you must:

1. Have worked outside the U.S. for at least 1 year in the last 3 years (or in the 3 years before your transfer) for a qualifying multinational employer, and 2. Be coming to the U.S. to work in a managerial or executive role for the same company or an affiliate/parent/subsidiary, and 3. Show the company has been doing business in the U.S. for at least 1 year.

To qualify for EB-1A, you must show extraordinary ability in your field, either by:

1. A one-time major achievement (like a Nobel Prize), or
2. Meeting at least 3 of USCIS’s criteria, which include things like:

• Significant awards or prizes
• Memberships that require outstanding achievements
• Published material about you in major media or journals
• Serving as a judge of peers’ work
• Original contributions of major significance (e.g., patents, widely cited work)
• Authorship of scholarly articles
• Leading or critical roles at distinguished organizations
• High salary or compensation compared to others in your field
• Work displayed at artistic exhibitions or showcases
• Commercial successes in the performing arts

To qualify for EB-1B, you must:

1. Have at least 3 years of teaching or research experience, and 2. Be recognized internationally as outstanding in your academic field, and 3. Have a tenure, tenure-track, or comparable research position offer from a U.S. employer, and 4. Meet at least 2 of USCIS’s criteria, such as:

• Major awards or prizes for achievement
• Memberships that require outstanding accomplishments
• Published material about your work
• Serving as a judge of others’ research
• Original scientific or scholarly contributions
• Authorship of scholarly books or articles

To qualify for EB-1C, you must:

1. Have worked outside the U.S. for at least 1 year in the last 3 years (or in the 3 years before your transfer) for a qualifying multinational employer, and 2. Be coming to the U.S. to work in a managerial or executive role for the same company or an affiliate/parent/subsidiary, and 3. Show the company has been doing business in the U.S. for at least 1 year.

EB-1 visa processing times can vary widely. With standard processing, cases are typically decided in a few months, depending on USCIS workload and the service center handling your case. If you opt for premium processing, USCIS aims to issue a decision on the I-140 petition within 15 calendar days.

Keep in mind that preparing your case and gathering evidence often adds extra time before you’re ready to file. After your petition is approved, you may be able to file for your EB-1 Green Card immediately, although people from China and India may have to wait several years.

Government filing fees for the EB-1 visa generally total $2,000-$3,000. The exact amount depends on whether you apply from inside the U.S. (adjustment of status) or abroad (consular processing), and on case-specific costs like medical exams and document translations. If you choose premium processing, an additional fee applies, which significantly speeds up the timeline.

Note these are just the USCIS costs and filing fees—they don’t include legal fees, translation, or document preparation. To see if you qualify for an EB-1 visa, request a consultation below.