The EB-1 is the Employment-Based First Preference Immigration. An EB-1 petition consists of Form I-140 and supporting documents to show that the BENEFICIARY meets the EB-1 criteria. The burden of proof in EB-1 cases RESTS solely with the PETITIONER and the alien applicant. The First Preference Immigration Petition is an employment-based petition for Permanent Residence in the United States 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:

• EB-1A: Alien of Extraordinary Ability;
• EB-1B: Outstanding Researcher or Outstanding Professor;
• EB-1C: Multinational Executive or Manager.

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, the Labor Certification is not required at all. In EB-1A petition, a permanent job offer is not required, and an alien may petition immigration by himself or herself. However, in EB-1B and EB-1C petitions, a permanent job offer is required. In other words, a U.S. employer must be the petitioner in EB-1B or EB-1C petition.

The EB-1 is the Employment-Based First Preference Immigration. An EB-1 petition consists of Form I-140 and supporting documents to show that the beneficiary meets the EB-1 criteria. The burden of proof in EB-1 cases rests solely with the petitioner and the alien applicant. The First Preference Immigration Petition is an employment-based petition for Permanent Residence in the United States 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:

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, the Labor Certification is not required at all. In EB-1A petition, a permanent job offer is not required, and an alien may petition immigration by himself or herself. However, in EB-1B and EB-1C petitions, a permanent job offer is required. In other words, a U.S. employer must be the petitioner in EB-1B or EB-1C petition.