EB-1
EB-1 is An Employment based First Preference Immigration petition for those who are 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)
- Outstanding Researcher/Outstanding Professor (EB-1B)
- Managers and Executive Transferees (EB-1C)
Advantages of EB-1 Petition:
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.
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, applicants don’t have to demonstrate that they have an employer in the US; 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 for immigration petition on behalf of themselves.
However, EB-1B and EB-1C petitions require permanent job offers, which require them to be petitioned by a U.S. employer.
NIW (National Interest Waiver)
EB-2 National Interest Waiver, NIW petition falls into the employment-based immigration, second preference (EB-2) category. NIW petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States;” thus, allowing an applicant to self-petition for an immigration petition without a labor certification or a job offer from a U.S. employer.