Transitioning from H-1B to EB-1: Is It Possible? How Hard Is It?

One of the most common questions I get as an immigration attorney is: Can you transition from an H-1B visa to an EB-1 green card?

The short answer? Yes, you can. But it’s not easy.

The EB-1 category is designed for top-tier professionals—people with extraordinary ability, outstanding researchers, and multinational executives. It has faster processing times than EB-2 and EB-3, making it an attractive option for those who qualify. But because it’s reserved for the best in their fields, meeting the criteria is challenging.

Let’s break down what you need to know about transitioning from H-1B to EB-1, the different EB-1 categories, and how to improve your chances of qualifying.

Understanding the EB-1 Green Card Categories

There are three types of EB-1 green cards:

1. EB-1A: Extraordinary Ability

This category is for individuals who have achieved sustained national or international acclaim in their field. Unlike the other EB-1 categories, you can self-petition—meaning you don’t need an employer to sponsor you.

To qualify for EB-1A, you must provide substantial evidence that you are at the top of your field in science, business, education, arts, or athletics. Specifically, you need to meet at least three out of ten USCIS criteria, which include:

• Major industry awards or recognitions
• Published work about you in reputable media
• Significant contributions to your field
• Leadership roles in distinguished organizations
• A high salary compared to peers

This is an excellent fit for scientists, researchers, engineers, tech innovators, and elite professionals with a strong record of achievement.

👉 Key Advantage: You don’t need an employer’s petition. However, obtaining strong employer-backed evidence can greatly strengthen your case.

2. EB-1B: Outstanding Professors and Researchers

EB-1B is for academics and researchers with international recognition in their field. However, unlike EB-1A, this requires an employer sponsor—either a university or a private company with a research department.

To qualify, you must:

• Have at least three years of experience teaching or conducting research
• Show international recognition in your academic field
• Secure a job offer from a U.S. employer

If you’re a researcher considering EB-1B, one of the easiest ways to assess your eligibility is to check your Google Scholar profile and citation count. This category is usually well-suited for Ph.D. holders, university professors, and published researchers with a strong academic record.

👉 Key Advantage: If you already have an impressive research portfolio and an employer willing to sponsor you, this could be a strong option.

3. EB-1C: Multinational Executives and Managers

This category is highly specific. It’s designed for managers or executives who have worked for a multinational company outside of the U.S. for at least one year and are now being transferred to a U.S. branch in a similar capacity.

Key requirements include:

• Holding a top-level managerial or executive role
• Working for a multinational company with a U.S. branch
• Employer sponsorship (your company must file the petition)

EB-1C is a straightforward path for high-level executives already working in multinational corporations.

👉 Key Advantage: No need for labor certification, making the process faster compared to EB-2 or EB-3.

How Hard Is It to Qualify for EB-1?

Simply put—very hard.

Unlike EB-2 or EB-3, where you’re competing with a broad pool of skilled professionals, EB-1 is for the best of the best. It requires extensive documentation to prove that you truly stand out in your field.

For EB-1A, while you can self-petition, it helps tremendously if your employer supports you. Employer backing provides access to critical documentation—awards, impact assessments, recommendation letters—that can strengthen your case.

Why Consider an EB-1 Green Card?

There are some clear advantages to pursuing an EB-1:

• ✅ No PERM Labor Certification – Unlike EB-2 and EB-3, you don’t have to go through the labor market test, which speeds things up significantly.
• ✅ Shorter Priority Date Wait Times – If you’re from a country like India or China, where EB-2 and EB-3 wait times are particularly long, EB-1 can fast-track your green card process.
• ✅ More Predictable Process – Since there’s no labor certification, the EB-1 process is typically more straightforward and efficient for those who qualify.

How to Transition from H-1B to EB-1

Making the jump from H-1B to EB-1 requires careful planning. Here’s how to approach it:

1. Evaluate Your Qualifications – Are you already meeting the EB-1 criteria? If not, how close are you?
2. Consult an Immigration Lawyer – A skilled immigration attorney can assess your profile and help determine your best path forward.
3. Develop Your Profile – If you don’t yet meet the requirements, take steps to build a stronger case. This could include:
   • Publishing research
   • Winning awards
   • Securing speaking engagements
   • Taking on leadership positions
4. Present a Strong Petition – Once you’re ready, submit a well-documented petition.
5. Consider Premium Processing – EB-1 applications allow for faster decisions on the I-140 through premium processing.

How to Improve Your Chances of Qualifying

If you’re aiming for EB-1A, intentional career development can significantly boost your chances. Here’s what helps:

• Publishing Research – The more impactful your work, the better.
• Receiving Awards – Industry recognitions strengthen your claim for extraordinary ability.
• Media Coverage – Articles and reports that feature your work add credibility.
• Networking with Industry Leaders – Strong recommendation letters from respected leaders in your field carry weight.
• Contributing Meaningfully to High-Profile Projects – Aim to take on visible, high-impact responsibilities that showcase your contributions to your industry.

For EB-1B, focus on:

• Building a strong research portfolio with international recognition.
• Taking on teaching and mentorship roles to demonstrate leadership.

Final Thoughts: Should You Pursue an EB-1?

If you have strong qualifications—or are willing to put in the effort to develop them—then yes, EB-1 is worth considering. It’s the fastest employment-based path to a green card since it bypasses PERM labor certification and avoids long wait times.