EB-1A and EB-1B waive PERM, but does EB-1B require an employer?

Yes, that reading is correct. Both the EB-1A and the EB-1B waive PERM, the labor certification typically required in other employment-based green card pathways. The key difference lies in who files the petition.

The EB-1A (extraordinary ability) allows for self-petition: the applicant can file on their own behalf by demonstrating extraordinary recognition in their field, without relying on a sponsoring employer. That is what makes this pathway appealing to those who want to manage the process independently.

The EB-1B (outstanding professors and researchers) follows a different logic. Even though it waives PERM, it requires an employer: a qualifying academic institution or research organization must file the petition, document the applicant’s recognition, and express the intent to employ the applicant, generally in a permanent or ongoing position.

• EB-1A: no PERM and self-petition allowed, no sponsor required.
• EB-1B: no PERM, but a sponsoring employer is mandatory.

Because the right fit depends on each applicant’s profile and supporting evidence, it is worth reviewing the current requirements on the USCIS website and consulting a specialist to determine which pathway aligns best with your background.

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.