Does the EB-1B exempt me from the job market test?

Yes. The EB-1B, designed for outstanding professors and researchers, waives the labor certification requirement, the process known as the job market test (associated with PERM), which in many employment-based pathways is used to demonstrate that no qualified American worker was available for the position.

In practice, this tends to make the path more straightforward, as it eliminates a lengthy and bureaucratic step. Instead of the market test, the focus shifts to demonstrating the candidate’s national or international recognition as a leading figure in their field.

The exemption, however, does not mean a simple process. The EB-1B still requires:

• A permanent job offer from a qualifying U.S. university or research institution.
• Strong evidence of outstanding academic or scientific achievements.
• Consistent documentation of prominence and contributions to the field.

Because rules and details can change, it is worth reviewing the current requirements with USCIS and assessing your profile with a specialist before filing.

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.