First Preference Employment-Based Immigration (EB-1)

A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence reserved 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-1(a)
  • Outstanding Researcher/Outstanding Professor EB-1(b)
  • Managers and Executive Transferees EB-1(c)

    The most notable advantage for those who qualify for an EB-1 petition is the lack of a Labor Certification requirement.

    Obtaining a Labor Certification is a time-consuming and expensive process that seeks to determine whether a qualified U.S. worker is available to fill the position sought by the petitioning alien. In addition to the time and expense of the Labor Certification process, an alien risks being denied a Labor Certification if a U.S. worker with 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. In an EB-1(a) petition, a permanent job offer is not required, and an alien may petition for immigration by herself. However, in EB-1(b) and EB-1(c) petitions, a permanent job offer is required. In other words, a US employer must be the petitioner for EB-1(b) or EB-1(c) cases. To find out more information on EB-1, please refer to the following links:

    Description
    Extraordinary Ability (EA)
    EA Documents
    Outstanding Researcher (OR)
    USCIS Defines “Permanent Employment” in EB-1(b)
    OR Documents
    Executive Transferee (ET)
    ET Documents
    Extraordinary Ability vs. Outstanding Researcher
    Frequently Asked Questions about EB-1(a)
    Frequently Asked Questions about EB-1(b)
    Success Stories
    Services that We Provide for EB-1(a)
    Services that We Provide for EB-1(b)

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