EB-1A and EB-1B waive PERM, but EB-1B requires an employer, right?

EB-1 visas offer differentiated opportunities for professionals with exceptional achievements and internationally recognized talents, simplifying some common procedures in other immigration processes. Among these, EB-1A and EB-1B stand out for waiving the PERM process, which is the traditional step for labor certification.

However, there are important differences between them that deserve attention. In the case of EB-1A (Extraordinary Ability), the applicant can self-petition. This means you can demonstrate your extraordinary ability yourself without the need for an employer to sponsor your application. The idea is that individuals with significant accomplishments can present their trajectory and contribute directly to the United States.

On the other hand, EB-1B, aimed at outstanding Professors and Researchers, requires an employer willing to file on your behalf and support the process. Even though PERM is waived, the EB-1B petition must be signed by a qualified educational institution or research organization that effectively demonstrates the relevance of your work and the intent to employ you.

It is crucial to always follow United States immigration laws and take care when seeking information and specialized guidance. Always look for recognized companies and professionals in the field and avoid promises of easy or guaranteed results, as the immigration process is complex and subject to variations depending on the documents and evidence presented.

Remember that this explanation is only an overview of the requirements and characteristics of these visas. Each case is unique, and seeking a more in-depth analysis based on your personal situation is always the safest path for a successful process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.