EB-1 covers extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers and executives (EB-1C). None of them requires PERM.
Sustained national or international acclaim, shown by a one-time major award or at least 3 of 10 criteria. The worker may self-petition.
At least 3 years of teaching or research, international recognition and 2 of 6 criteria. The U.S. employer files with a job offer.
At least 1 year of work abroad in the 3 years before the petition, for a related company doing business in the U.S. for at least a year.
All three use Form I-140 with no labor certification. EB-1B and EB-1C employers must show ability to pay as of the priority date.
EB-1 is the first employment-based preference for permanent residence. It covers people with extraordinary ability in the sciences, arts, education, business or athletics (EB-1A), outstanding professors and researchers (EB-1B), and certain multinational managers and executives (EB-1C). None of the three requires a labor certification.
EB-1A workers may file Form I-140 for themselves, and no job offer is required. EB-1B and EB-1C petitions are filed by the U.S. employer, which must show a continuing ability to pay the offered wage as of the priority date with an annual report, federal income tax return or audited financial statement. The priority date is the date USCIS accepts the I-140.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
A client may fit EB-1A, EB-1B or EB-1C, each with different criteria, petitioners and evidence, and the wrong choice costs months.
How Prima.Law helps: Separate EB-1A, EB-1B and EB-1C templates load Form I-140, case flow items and the matching checklist, so each case starts with the right criteria and evidence plan.
Awards, memberships, judging, articles and salary proof come from many sources, and tying each exhibit to a criterion takes days.
How Prima.Law helps: A proven checklist built by active immigration lawyers, matched to the category's criteria, lists every exhibit; clients upload to it in the portal and staff mark items complete.
EB-1B and EB-1C employers must prove ability to pay as of the priority date, and EB-1C also needs the corporate relationship and year abroad.
How Prima.Law helps: The employer uploads annual reports, tax returns and org charts through the portal, then Package Assembly builds one indexed PDF and AI Case Review checks it before filing.
Separate EB-1A, EB-1B and EB-1C templates load Form I-140 and a checklist matched to each category's criteria.
Smart Interviews ask the beneficiary about awards, memberships, judging and publications, and answers flow into forms.
For EB-1B and EB-1C, the employer uploads annual reports, tax returns and org charts to the checklist through the portal.
Assemble an indexed exhibit PDF, run AI Case Review, then track the priority date and USCIS receipt status.
Match the worker to EB-1A, EB-1B or EB-1C and confirm who will file the petition.
Collect criteria evidence, or employer and corporate records for EB-1B and EB-1C.
File Form I-140 with USCIS. Its acceptance date becomes the priority date.
Once the priority date is current, file Form I-485 or proceed through a U.S. consulate.
National Interest Waiver self-petitions on Form I-140, no PERM needed.
O-1A and O-1B extraordinary ability petitions, with O-2 and O-3.
L-1A managers and executives, L-1B specialized knowledge, blanket L.
All business immigration case types in Prima.Law.
Book a demo and see how Prima.Law handles EB-1 Visa cases.