EB-1 visas comprise the first-preference group of employment-based immigration petitions. These visas are reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports.
The most notable advantage for those who qualify for an EB-1 petition is the lack of requirement of a labor certification requirement. Obtaining a labor certification is a time-consuming and expensive process, the end goal of which is to determine whether or not able, willing, and qualified U.S. workers are available to fill the position sought by the alien. In addition to the time and expense inherent in applying for this certification, an alien risks being denied a labor certification if any U.S. workers with the minimum technical qualifications for the position in question are found, even if the alien is actually more suitable for the position based on factors not considered in the labor certification application.
Another incentive to the EB-1 category is that visa numbers are almost always current, which means that an alien will not have to wait for visa numbers to become available before applying for adjustment of status(via Form I-485) and receiving a green card. Further, EB-1 visa applicants can file additional immigration petitions under other appropriate categories (such as a National Interest Waiver) while their EB-1 applications are pending.
EB-1 visa are divided into three subgroups:
- EB-1A: Aliens of Extraordinary Ability
- EB-1B: Outstanding Researchers/Outstanding Professors
- EB-1C: Managers and Executive Transferees
Note that, for EB-1A visas, neither a permanent job offer nor current employment is required, and applicants don’t have to provide proof of an employer in the U.S. Instead, they only have to demonstrate that they will continue working in the field in which they have demonstrable “extraordinary abilities.” Because no employer sponsorship is required, EB-1A applicants may file for immigration petitions on behalf of themselves.
However, for both EB-1B and EB-1C petitions, permanent job offers are required. As such, U.S. employers must be the petitioners for EB-1B or EB-1C applications.
Please contact Premier International Law Group if you have any questions regarding this visa.