An Employment-Based First Preference (EB-1) immigration application is an immigration application for individuals who are among the most capable and successful in their respective fields in the arts, sciences, education, business, or sports.
There are three (3) types of EB-1 applications:
The most important benefit for those who qualify for an EB-1 petition is the exemption from labor certification in the green card process. Another advantage is that visa numbers for the EB-1 petition category are almost always available. This means that a foreign national does not need to wait for visa numbers to become available before applying for adjustment of status (I-485) and obtaining a green card.
Furthermore, the applicant can file other immigration applications under other appropriate categories (e.g., National Interest Waiver) while an EB-1 application is pending.
Complexities of Labor Certification: Balancing Time, Cost, and Qualifications
Obtaining a labor certification is a time-consuming and costly process designed to determine whether there are sufficiently capable, willing, and qualified U.S. workers available to fill the position requested by the foreign national. In addition to the time and costs involved in the labor certification process, a foreign national risks having their labor certification denied if a U.S. worker is found to have the minimum technical qualifications for the position (even if the foreign national is actually better suited for the position due to factors not considered in the labor certification process).
Labor Certification Requirements
For an EB-1 petition, labor certification is not required at all. For foreign nationals with extraordinary abilities (EB-1A petitions), no permanent employment is required, nor do applicants need to demonstrate that they have an employer in the United States. They only need to demonstrate that they will continue to work in the field in which they have extraordinary abilities. EB-1A applicants may file an immigration petition on their own behalf. However, EB-1B and EB-1C petitions require a permanent job offer. In other words, a U.S. employer must be the petitioner for EB-1B or EB-1C cases.
The Alien of Extraordinary Ability (EB-1A) classification applies to foreign nationals who can demonstrate that they have placed themselves at the top of their field. Such applicants may apply without a labor certification or job offer (i.e., employer endorsement). Any foreign national living in the U.S. or abroad may apply if they meet the following requirements:
The foreign national possesses extraordinary ability in the fields of science, art, education, business, or athletics, as demonstrated by sustained national or international recognition.
The foreign national’s achievements have been recognized in the relevant field through extensive documentation.
An EB-1B immigrant visa for “outstanding researcher or professor” is intended for foreign nationals who are internationally recognized as outstanding in a specific scientific field. Unlike EB-1A cases, which are self-appointed, EB-1B cases are employer-sponsored. This means that the employer filing the petition must demonstrate that the foreign national has exceptional abilities as a researcher or professor and has an open job offer from the employer. The foreign researcher/professor must be supported by their employer throughout the petition process. The employer is the petitioner, and the outstanding researcher/professor is the beneficiary in the EB-1B process.
The EB-1C immigration category is one of the EB-1 visa preferences. A First Class EB-1 Preference Immigration Petition is an employment-based petition for permanent residence reserved for those who are among the most capable and successful in their respective fields in the arts, sciences, education, business, or sports. A number of immigrant visas are immediately available for the EB-1 category. A special employment-based immigration preference category (EB-1C) was created for managers and executives who meet the L-1A nonimmigrant standards and are interested in obtaining permanent residence. L-1A status is offered for intercompany transfers of executives and managers who will come to the United States temporarily. Therefore, the main difference between the L-1A and EB-1C visas is the permanent nature of the EB-1C visa. Although L-1A status is not a prerequisite for receiving immigration benefits under this category, an applicant filing an immigration petition will have a better chance of obtaining the EB-1C immigration category if he or she has previously held L-1A status.
The EB-1 visa is an employment-based, firstpreference immigrant visa category for individuals of extraordinary ability, outstanding professors or researchers, or certain multinational executives/managers.
The applicant must demonstrate sustained national or international acclaim in the sciences, arts, education, business or athletics, and provide evidence of that acclaim (e.g., major awards or meeting at least three of ten criteria).
No — especially for EB-1A, there is no requirement for a job offer or labor certification (PERM) in order to file the petition.
Advantages include being a first preference category, often faster processing, and in many cases no labor certification required, which makes it more streamlined for very highly skilled applicants.
The principal applicant’s spouse and unmarried children under the age of 21 are eligible to apply for permanent residence along with or after the principal beneficiary.
Generally the process involves filing Form I-140 (Immigrant Petition for Alien Worker) with supporting documentation of eligibility; for applicants outside the U.S., proceeding via consular processing, or for those inside, adjustment of status. After approval and visa availability the applicant becomes a lawful permanent resident.
Receiving nationally or internationally recognized awards;
Membership in associations that demand excellence from their members;
Material published in major media outlets;
Relevant academic or artistic contributions;
Scientific articles in professional journals;
Exhibitions and artistic shows;
Leadership role in an organization with an excellent reputation;
High salary and remuneration compared to the market;
Participation as a judge evaluating the work of others;
Commercial success within the performing arts.
