Overview of First Preference Employment-based Immigration
EB-1A (Aliens of Extraordinary Ability), EB-1B (Outstanding Researchers/Professors/), and EB-1C (Multinational Managers/Executives)
U.S. Congress has made it relatively easy to obtain a green card for certain researchers and professors, business people, and persons with special talent. These categories are referred to as priority workers. Non-residents do not need to obtain a labor certification if they are petitioning under this category.
40,000 visas are available yearly in this category. Priority workers include:
Non-residents of extraordinary ability in athletics, business, education, sciences, and the arts (EB-1A);
Outstanding researchers and professors (EB-1B); and
Executives and managers of international businesses who are being permanently transferred to the U.S. (EB-1C).
C. Labor Certification not Required
EB-1 category petitions do not need a labor certification before filing.
D. Self-petition Allowed for EB-1A
For non-residents of extraordinary ability (EB-1A), non-residents are not required to be supported by a U.S employer, nor is a labor certification required. These non-residents may petition themselves. However, petitioners of EB-1B and EB-1C require support from a U.S. employer.
E. Comparison of three Subcategories of EB-1
EB-1A: Aliens of Extraordinary Ability
EB1-B: Outstanding Professors and Researchers
EB1-C: International Managers and Executives
Labor Certification Not required Not required Not required
Self-petition Allowed Not Allowed Not Allowed
Qualifications Extraordinary ability in athletics, business, education, sciences, or the arts, coming to the U.S. to remain working in the area of expertise, and work will benefit the U.S.
Obtained international acclaim; Three years of experience in research and teaching; and tenured track or comparable position
Employed in an executive or managerial capacity for at least one continuous year in the preceding three years by a U.S. employer overseas affiliate; and working in the U.S. in an executive or managerial capacity