EB1

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EB-1 VISAS

An Employment based First Preference Immigration petition (EB-1) is an immigration petition for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports.

There are three (3) types of EB-1 petitions: 

Alien of Extraordinary Ability (EB-1A Visa)

Outstanding Researcher/Outstanding Professor (EB-1B Visa)

Managers and Executive Transferees (EB-1V Visa)

The most notable advantage for those who qualify for an EB-1 petition is the waiver of a Labor Certification requirement in the Green Card process. Another advantage is that visa numbers are almost always current for the EB-1 application category. This means that an alien will not have to wait for visa numbers to become available before applying Adjustment of Status (I-485) and receiving a Green Card. Furthermore, the applicant can file other immigration petitions under other appropriate categories (such as National Interest Waiver) while an EB-1 petition is pending.

Obtaining a Labor Certification is a time-consuming and expensive process that seeks to determine whether sufficient able, willing, and qualified U.S. workers are available to fill the position sought by the alien. In addition to the time and expense of the Labor Certification process, an alien risks being denied a Labor Certification if any U.S. workers with the minimum technical qualifications for the employment is found (even if the alien is actually more suitable for the position based on factors not considered in the Labor Certification process).

In an EB-1 petition, Labor Certification is not required at all. For aliens with extraordinary ability (EB-1A petition), a permanent job offer is not required, nor do applicants have to demonstrate that they have an employer in the U.S. they only have to demonstrate that they will keep working in the field in which they have the extraordinary abilities, EB-1A applicants may file an immigration petition on behalf of themselves. However, EB-1B and EB-1C petitions require permanent job offers. In other words, a U.S. employer must be the petitioner for EB1B or EB1C cases.

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