Do I need to prove there are no qualified American workers (job market test)?

No. With the EB-1, you do not need to prove that no qualified American workers are available for the position, which is what the ‘job market test’ (or labor certification) requires. This is one of the defining characteristics that sets this category apart from other employment-based pathways.

The market test commonly appears in other processes, such as PERM, which is required for certain work visa categories. The EB-1 was designed for professionals, researchers, and individuals with a demonstrated track record of achievement, so the evaluation focuses on your merit and standing in your field, not on the absence of local workers.

• No labor certification (PERM) is required for the EB-1.
• The assessment centers on your accomplishments and recognition in your field.
• Each case is evaluated individually by the competent authority.

Because the rules may change over time, it is worth checking the updated requirements with USCIS and, if needed, confirming how your profile fits with an immigration specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.