EB-1 Category for Adjustment of Status in the U.S.: A Complete Guide by TRW Law Firm

Introduction

The path to U.S. permanent residency (commonly known as a Green Card) can be long and complex, especially for skilled professionals, researchers, and executives. Among the various immigrant visa categories, the EB-1 categorystands out for offering a faster, more direct route to permanent residency for individuals with exceptional talent, leadership, and international acclaim.

For those already residing in the United States on a non-immigrant visa (such as F-1, H-1B, L-1, or O-1), applying for a change of status under the EB-1 category — formally known as “Adjustment of Status” — can be the ideal solution to become a U.S. permanent resident without the need to leave the country.

In this article, TRW Law Firm unpacks the EB-1 visa classification, explains how adjustment of status works under it, and outlines how our legal team can help you navigate this critical process.

What is the EB-1 Immigrant Visa Category?

The EB-1 (Employment-Based First Preference) visa category is intended for individuals with extraordinary achievements, outstanding academic credentials, or executive-level leadership in multinational corporations. It is one of the most prestigious green card categories and is split into three distinct subcategories:

EB-1A: Persons of Extraordinary Ability

This subcategory is designed for individuals who have reached the very top of their field in sciences, arts, education, business, or athletics.

🟩 No job offer or employer sponsorship is required
🟩 Applicants can self-petition
🟩 Must show national or international acclaim and sustained achievement
🟩 Must intend to continue work in their field upon becoming a permanent resident

EB-1B: Outstanding Professors and Researchers

This subcategory is for internationally recognized academics and research professionals.

🟩 Requires an offer of employment from a U.S. institution (university or research center)
🟩 Must have at least 3 years of teaching or research experience
🟩 Must show proof of international recognition in an academic field

EB-1C: Multinational Managers and Executives

This subcategory is for managers and executives who have worked abroad for a multinational company and are now being transferred to a U.S. affiliate or subsidiary.

🟩 Must have worked for the foreign company for at least 1 of the past 3 years
🟩 The U.S. petitioning company must have a qualifying corporate relationship
🟩 The role in the U.S. must be managerial or executive in nature

Adjustment of Status Explained

Adjustment of Status (AOS) refers to the process through which eligible individuals in the U.S. can change their immigration status from a non-immigrant to a lawful permanent resident (green card holder) without leaving the country. This is in contrast to “consular processing,” which involves applying for an immigrant visa from outside the U.S.

For EB-1 beneficiaries, Adjustment of Status provides a seamless transition — particularly useful for those already working or studying in the U.S.

Eligibility Criteria for EB-1 Adjustment of Status

To apply for Adjustment of Status under the EB-1 category, you must satisfy the following conditions:

✅ You Are Physically Present in the U.S.

You must be physically inside the United States at the time of filing Form I-485 (Application to Adjust Status).

✅ You Were Lawfully Admitted or Paroled

You must have entered the U.S. legally (with inspection and proper documentation) and be in valid immigration status (F-1, H-1B, L-1, O-1, etc.).

✅ Your EB-1 Petition (Form I-140) is Approved or Concurrently Filed

You can either:

• File your Form I-485 after your I-140 is approved, or
• Concurrently file both Form I-140 and I-485 if a visa number is immediately available.

✅ You Have an Available Visa Number

The U.S. Department of State issues a monthly Visa Bulletin that dictates when an immigrant visa is “available” based on the applicant’s category and country of chargeability. EB-1 often remains “current,” allowing immediate filing.

✅ You Are Not Ineligible for a Green Card

Ineligibility factors may include:

• Immigration fraud or misrepresentation
• Criminal history
• Unlawful presence in the U.S.
• Public charge concerns (in some cases)

Required Forms for EB-1 Adjustment of Status

Below is a breakdown of forms typically involved in the process:

At TRW Law Firm, we ensure every document is correctly prepared, reviewed, and submitted to avoid costly delays or denials.

Step-by-Step Guide to the EB-1 Adjustment of Status Process

Step 1: Determine EB-1 Subcategory and Eligibility

We start by identifying which subcategory (EB-1A, EB-1B, or EB-1C) best fits your profile, followed by a comprehensive review of your qualifications and admissibility.

Step 2: File Form I-140 (Petition for Alien Worker)

• EB-1A: You can self-petition
• EB-1B & EB-1C: Your employer must file the I-140 on your behalf
  Supporting evidence will include awards, publications, reference letters, employment history, and academic qualifications, as applicable.

Step 3: Concurrently File Form I-485 (if visa is current)

If your EB-1 category is current in the Visa Bulletin, you can file the I-485 together with I-140. This concurrent filing helps accelerate your green card process.

Step 4: Biometrics Appointment

After USCIS receives your application, you will be scheduled for a biometrics appointment where fingerprints and photographs will be collected.

Step 5: Receive Employment Authorization and Advance Parole (Optional)

While your green card is pending, you can apply for:

• EAD (Employment Authorization Document) – Work legally in the U.S.
• Advance Parole (Travel Document) – Leave and re-enter the U.S. without abandoning your application

Step 6: USCIS Interview (If Required)

In some cases, USCIS may require an in-person interview to verify details. Our attorneys will prepare you thoroughly if this step arises.

Step 7: Receive Decision

If all goes well, USCIS will approve your I-485 application and issue your Green Card, granting you lawful permanent resident status in the U.S.

Timeline and Processing Duration

Advantages of EB-1 Adjustment of Status

🟩 No Labor Certification Required

Unlike EB-2 or EB-3 categories, EB-1 applicants are exempt from PERM Labor Certification, significantly reducing the wait time.

🟩 Premium Processing for Speed

Applicants under EB-1A and EB-1B can opt for Premium Processing, ensuring USCIS will make a decision on the I-140 within 15 calendar days.

🟩 Self-Petition Option for EB-1A

The ability to self-petition removes dependence on a U.S. employer and offers greater flexibility for entrepreneurs, freelancers, and independent professionals.

🟩 Work and Travel While Application is Pending

Filing the I-765 and I-131 allows the applicant to legally work and travel while waiting for final adjudication of their Green Card.

🟩 Family Benefits

Spouses and children under 21 years of age can file as derivative applicants and receive Green Cards along with the primary applicant.

Challenges in EB-1 Adjustment of Status

🟥 Strict Evidence Requirements

Especially for EB-1A, you must demonstrate extraordinary ability through:

• Major awards (e.g., Nobel, Pulitzer)
• Published work in major media
• Membership in associations requiring distinguished achievement
• Original contributions to the field

The burden of proof is high. Our firm helps clients gather compelling evidence and build robust applications.

🟥 Limited Availability for Certain Countries

While the EB-1 category is usually “current,” countries like India and China may sometimes face retrogression. Timely filing and legal planning are key.

🟥 Dependence on Employer for EB-1B and EB-1C

These subcategories require employer sponsorship. Changing jobs midway through the process can impact your eligibility.

🟥 USCIS Discretion

USCIS has discretion to deny petitions it deems insufficient or weak. A poorly prepared case may lead to Requests for Evidence (RFEs), delays, or denial.

Why Choose TRW Law Firm for Your EB-1 Adjustment of Status?

At TRW Law Firm, we bring deep expertise in employment-based immigration. Here’s how we can help:

🟩 Determine the best EB-1 subcategory for your profile
🟩 Prepare bulletproof documentation and supporting evidence
🟩 Draft compelling personal statements and employer support letters
🟩 Handle concurrent filings (I-140 + I-485)
🟩 Navigate requests for evidence or interviews
🟩 Provide representation until you receive your Green Card

From multinational executives to accomplished artists, researchers, and entrepreneurs — our clients trust us to manage their most critical immigration goals.

Contact TRW Law Firm

📞 Phone Numbers:
+8801708000660
+8801847220062
+8801708080817

📧 Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

🏢 Offices:

• Dhaka: House 410, Road 29, Mohakhali DOHS
• Dubai: Rolex Building, L-12 Sheikh Zayed Road
• London: 330 High Holborn, City of London

🌐 Website: tahmidurrahman.com

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Final Thoughts

The EB-1 Adjustment of Status process is a powerful gateway to U.S. permanent residency for the world’s best and brightest. However, its success depends on strategy, preparation, and professional guidance.

At TRW Law Firm, our immigration attorneys are dedicated to delivering results that align with your career ambitions and long-term goals. Contact us today to start your EB-1 journey with confidence.