EB-1

First Preference Employment-Based Visa, the premier program for top authorities in their respective fields

EB-1 Introduction

What is EB-1?

Employment-Based First Preference
As the first preference for U.S. employment-based immigration, it is a green card issued to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or to multinational executives and managers.

With an open annual quota, it offers the fastest path to a green card
without wait times.

EB-1 Subcategories

EB-1A

Extraordinary Ability

Top-tier ability in
Science/Arts/Athletics

  • No employer required
  • Premium processing available
EB-1B

Outstanding Professors

Recognized professors/researchers
with 3+ years of experience

  • Employer required
  • Premium processing available
EB-1C

Multinational Executive

Multinational
executives/managers

  • U.S. branch required
  • Standard processing

Advantages of the EB-1 Program

Fast Green Card
No visa bulletin wait
No Labor Certification
PERM process waived
Sponsor Exemption
EB-1A self-petition
Family Accompanying
Includes spouse and children

EB-1A Requirements (Extraordinary Ability)

Receipt of a major, internationally recognized award (e.g., Nobel Prize) OR fulfillment of at least 3 of the 10 criteria below.

  • Receipt of lesser nationally or internationally recognized prizes or awards
  • Membership in associations requiring outstanding achievement
  • Published material about you in professional or major trade publications or other major media
  • Experience as a judge of the work of others
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  • Authorship of scholarly articles
  • Display of work at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • High salary or other significantly high remuneration
  • Commercial successes in the performing arts

EB-1C: The Hidden Green Card for Multinational Executives

The most ideal category for
business owners and managers operating businesses across Korea and the U.S., without the need for complex labor certifications (PERM) or third-party sponsors.

Many international business owners and executives may already be qualified for this category without realizing it. Find out if your current business structure meets the EB-1C criteria.

Top 3 Misconceptions and Truths Among Business Owners

No Third-Party Sponsor Required

You do not need an unrelated American company to sponsor you. If the Korean headquarters owns the U.S. entity or is connected as an affiliate, your own U.S. company can act as the sponsor.

Recognition of 'Function Managers'

You don't necessarily need to manage a large number of employees. Even in lean organizations like IT and trading companies, you may qualify if you manage core company functions such as international operations, supply chain management (SCM), or financial planning.

Opportunities for SMEs

It is not restricted to giant global corporations. Even if your company is relatively small, you may be eligible if your structural role as an executive making actual business decisions is clearly established.

Essential Verification Conditions for USCIS Approval

You might already meet the following requirements without even knowing it.

  • 1+ Years of Employment and Operation At least 1 year of executive employment at the overseas company within the 3 years preceding the petition. Additionally, the U.S. entity must have been actively doing business for at least 1 year, rather than being a newly established, non-operational company.
  • Proof of Substantive Executive/Managerial Role You must prove that you do not primarily perform basic operational or front-line tasks. The key is to demonstrate your directing role using organizational charts, payroll records, and job descriptions.

EB-1C Related Columns

Many people assume that employment-based green cards are only available through traditional employer sponsorship or complicated recruitment processes. However, there is another category that many international business owners, executives, and senior managers do not realize may already apply to them. This category is called EB-1C.

In simple terms, EB-1C is designed for people who manage or direct business operations across multiple countries. Very often, these are individuals who already work between Korea and the United States as part of their normal business activities. For example, this category may be relevant to:

  • • a Korean company operating a U.S. subsidiary
  • • a business owner managing both Korean and American operations
  • • an executive overseeing international expansion
  • • a manager responsible for an important company division
  • • or a growing company building long-term operations in the United States

Many people are surprised to learn that their existing business structure may already resemble the type of structure this immigration category was created for.


A Common Misunderstanding About Sponsorship

One of the biggest misconceptions about EB-1C is the idea that an unrelated American employer must sponsor the case. That is not necessarily true. In many EB-1C cases, the U.S. company is already connected to the overseas company through ownership or control. For example:

  • • the Korean company may own the U.S. company
  • • the companies may operate as affiliates
  • • or both companies may be part of the same overall business group

In these situations, the U.S. company may sponsor a manager or executive who previously worked for the overseas company. This is one reason EB-1C often becomes attractive for international business owners and multinational companies already operating across borders.

The category is generally intended for people whose role involves managing the business, directing operations, or overseeing important company functions. In many cases, these are people who:

  • • supervise teams or departments
  • • oversee company operations
  • • make strategic business decisions
  • • direct important parts of the organization
  • • or coordinate international business activities between multiple offices or countries

Importantly, the category is not limited to giant global corporations. Even smaller or growing businesses may potentially qualify if the organizational structure supports a legitimate managerial or executive role. Many modern companies operate with relatively lean teams, especially in technology, consulting, manufacturing, logistics, and international trade. Because of this, immigration officers often look at the overall role of the person inside the company rather than simply counting the number of employees.


An Important Requirement Many People Do Not Know About

One important part of EB-1C is that the beneficiary must generally have worked for the overseas company for at least one year before the petition is filed. The U.S. company must also already be actively operating for at least one year before filing the case. In other words, EB-1C is usually intended for existing business operations rather than brand-new companies that have not yet started functioning. For many international businesses already operating between Korea and the United States, this requirement may already be naturally satisfied without the person realizing it.

At its core, EB-1C is really about understanding the person’s actual role inside the company. Immigration officers typically want to understand:

  • • what the person is responsible for
  • • how the business operates
  • • who handles the company’s daily operational work
  • • and whether the person primarily directs the business rather than personally performing all operational tasks themselves

Because of this, company structure becomes very important. Documents such as organizational charts, payroll records, employee information, business records, and descriptions of responsibilities often help explain how the business functions in practice.


“Function Managers” May Also Qualify

Another point many people do not realize is that a qualifying manager does not always need to supervise a large number of employees directly. Some individuals may qualify because they manage an important company function at a senior level. For example:

  • • international operations
  • • supply chain management
  • • financial planning
  • • regional business coordination
  • • technology infrastructure
  • • or other core company functions

This can be especially important in modern businesses where operational responsibility is concentrated in a smaller number of senior personnel.


Why EB-1C Gets Overlooked

Many international business owners and executives spend years assuming they must pursue completely different immigration categories without realizing that EB-1C may already fit their existing business activities. Often, the basic business structure already exists: the overseas company is active, the U.S. company is operating, and the individual is already functioning in a managerial or executive role. The issue is simply that many people do not realize there is an immigration category specifically designed for this type of international business structure.


Final Thoughts

EB-1C is one of the most practical employment-based green card categories available for multinational business owners, executives, and senior managers. At the same time, it remains one of the least understood. For people already operating businesses across Korea and the United States, the category may be far more relevant than they initially realize. In many situations, the first step is simply understanding that this option exists at all.

Processing Steps

01
Qualification Evaluation
02
Petition Filing
03
Visa Application
04
Interview
05
Green Card Issuance

Am I eligible for an EB-1 visa?

We provide a comparative analysis to determine whether EB-1A or NIW is more advantageous for you.

Apply for Qualification Evaluation