| Statutory basis | INA § 203(b)(1)(A); 8 C.F.R. § 204.5(h) | INA § 203(b)(1)(C); 8 C.F.R. § 204.5(j) |
| Visa category | Immigrant (first preference) | Immigrant (first preference) |
| Employer/sponsor required | No | Yes — qualifying U.S. employer (same employer or affiliate of qualifying foreign employer) |
| Self-petition allowed | Yes | No |
| Standard / qualifying threshold | Sustained national or international acclaim; three of eight regulatory criteria, followed by a final-merits determination | (i) one year of qualifying foreign employment in the three years before transfer; (ii) qualifying foreign role in managerial or executive capacity; (iii) qualifying corporate relationship between foreign and U.S. employers; (iv) U.S. employer doing business in U.S. for at least one year; (v) U.S. role in managerial or executive capacity |
| Labor certification required | No | No |
| Numeric annual cap | EB-1 worldwide cap with per-country limits | EB-1 worldwide cap with per-country limits (same as EB-1A) |
| Premium processing | Available for I-140 for an additional fee | Available for I-140 for an additional fee |
| Adjustment of status path | I-485 once priority date is current | I-485 once priority date is current |
| I-140 portability | AC21 portability available 180+ days after I-140 approval | AC21 portability available 180+ days after I-140 approval, with same-or-similar position requirement nuanced for managerial/executive roles |
| Cost | USCIS filing fee for I-140 plus optional premium-processing fee; consult the current USCIS fee schedule | USCIS filing fee for I-140 plus optional premium-processing fee; consult the current USCIS fee schedule |
| Typical timeline | Months for I-140 decision (faster with premium processing); AOS or consular processing follows | Months for I-140 decision (faster with premium processing); AOS or consular processing follows |
| Family beneficiaries | Spouse and unmarried children under 21 derive E-14/E-15 | Spouse and unmarried children under 21 derive E-16/E-17 |