New York City — All Five Boroughs
The EB-1 green card is the fastest employment-based path to U.S. permanent residence — no PERM labor certification required, current visa availability for all nationalities including India. Mandi Law Group builds EB-1A extraordinary ability, EB-1B outstanding researcher, and EB-1C multinational manager petitions for NYC professionals. Call (518) 698-0347.
New York City's global workforce includes thousands of professionals who qualify — or can qualify with proper preparation — for an EB-1 green card. Scientists, researchers, professors, artists, athletes, engineers with extraordinary achievements, and multinational executives all have EB-1 pathways. The EB-1 bypasses the PERM labor certification process entirely, cutting years from the employment-based green card timeline. And uniquely among employment-based categories, EB-1 is currently current for Indian and Chinese nationals — bypassing the decades-long backlogs in EB-2 and EB-3.
Call (518) 698-0347 for an honest assessment of whether you qualify for EB-1 and how to build the strongest possible petition.
The EB-1A category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics — demonstrated by sustained national or international acclaim. No employer sponsor is required: you self-petition. To qualify, you must meet at least 3 of 10 USCIS criteria: major awards, membership in selective associations, published material about your work, judging the work of others, original contributions of major significance, authorship of scholarly articles, display at artistic exhibitions, leading roles in distinguished organizations, high salary, or commercial success in the performing arts.
The EB-1B category is for outstanding professors and researchers with at least 3 years of research or teaching experience in an academic field. Unlike EB-1A, EB-1B requires an employer sponsor — a university, college, or private employer with a research department. You must demonstrate international recognition by meeting 2 of 6 criteria. The EB-1B is the fastest path to a permanent research position at a New York university or research institution.
The EB-1C category is for multinational company managers and executives. You must have been employed abroad by a qualifying multinational company for at least 1 year in the 3 years before the petition, and must be coming to the U.S. to work in a managerial or executive capacity at a related U.S. entity. EB-1C requires employer sponsorship and is the fastest employer-based path to a green card for company executives transferred to New York offices.
Indian nationals face a decades-long wait in EB-2 and EB-3 categories due to per-country caps. The EB-1 category has current visa availability for India — meaning no waiting list — making it the fastest employment-based green card path for Indian professionals who can qualify. We advise Indian technology professionals, scientists, and researchers on building EB-1A petition records based on their work, publications, citations, and peer review activities.
An EB-1A petition is only as strong as its evidence. We work with clients to identify, gather, and present evidence under each of the 10 USCIS criteria — including analyzing citation records, identifying judging and peer review activities, documenting salary relative to peers, and drafting expert opinion letters. For clients who are borderline, we advise on evidence to develop before filing to strengthen the petition.
USCIS issues RFEs in EB-1A cases challenging whether the applicant meets the criteria or whether the evidence demonstrates 'sustained national or international acclaim.' We respond to EB-1 RFEs with supplemental evidence, legal argument on the correct standard of review, and citations to published USCIS policy guidance. If an EB-1 was denied, we advise on appeal to the Administrative Appeals Office or refiling with a stronger record.
All three EB-1 subcategories are first-preference employment-based green cards — the fastest employment-based immigration path — but they apply to different situations. EB-1A is for individuals with 'extraordinary ability' in any field and requires no employer sponsor. EB-1B is for 'outstanding professors and researchers' and requires a university or research institution sponsor. EB-1C is for multinational managers and executives and requires a qualifying multinational employer. All three have the significant advantage of no per-country backlog (for now) and current visa availability for Indian and Chinese nationals who would otherwise wait decades in EB-2 or EB-3.
No — the EB-1A is one of only two employment-based green card categories that does not require a job offer or employer sponsor (the other is EB-2 NIW). You self-petition by filing Form I-140 with USCIS demonstrating your extraordinary ability. However, you must intend to continue working in your area of extraordinary ability in the United States. You do not need to have an offer in hand, but your petition should show that you have a realistic plan to continue your work — contracts, invitations, correspondence with employers or collaborators, ongoing projects — to demonstrate you will continue in your field.
Possibly, but EB-1A requires more than being a skilled or experienced software engineer. USCIS requires 'extraordinary ability' — a high level of expertise that places you among the small percentage at the very top of your field. For software engineers, qualifying EB-1A evidence might include: widely cited published research or patents; significant open-source contributions used by major companies; judging hackathons, academic conferences, or industry awards; invitations to speak at major industry conferences; high compensation relative to peers at major tech companies; leading roles at companies of distinguished reputation; or major press coverage. We evaluate your background honestly against the EB-1A standard before recommending this path.
The EB-1A process involves two main stages: (1) I-140 immigrant petition filed with USCIS — currently taking 4-8 months for regular processing, or 6-8 weeks with premium processing; (2) Adjustment of status (I-485) if you are already in the U.S. — currently taking 12-24 months at the USCIS New York City office. Because EB-1 has current visa availability for all countries (no per-country backlog), the adjustment can proceed as soon as the I-140 is approved (or concurrently if the priority date is current). Total process from filing to green card: approximately 18-30 months with premium processing on the I-140.
EB-1A RFEs typically challenge the quality or significance of the evidence presented — arguing that the criteria are met numerically but not at the level of 'extraordinary ability.' The response must do two things: (1) provide stronger evidence under the specific criteria challenged (additional letters from top figures in your field, additional citation data, additional evidence of awards or recognition); and (2) make a legal argument that USCIS is applying an improper 'final merits determination' standard prematurely or that it has misstated the criteria. Matter of Kazarian establishes the two-step analysis USCIS must follow. We write detailed legal briefs addressing the specific legal and evidentiary deficiencies identified in the RFE.
Indian and Chinese nationals waiting decades in EB-2/EB-3 may qualify for EB-1 now. Contact Mandi Law Group for an honest eligibility assessment.