What are First Preference Employment Visas?

Employment visas are divided into several different preference categories. First preference employment visas are reserved exclusively for “priority workers” who have extraordinary abilities and are highly desired in the United States. At Escobar Law Offices, we have the skills and experience to navigate first preference employment visas. Here, our Virginia employment immigration attorney explains the key things to know about first preference employment visas.

First Preference Employment Visas: Know the Basics

Broadly explained, first preference employment-based immigrant visas (often called EB-1 visas) are reserved for “priority workers” under the Immigration and Nationality Act (INA). EB-1 visas sit at the top of the employment-based preference system. They are generally not subject to the same backlog pressures as lower-preference categories. With that being said, visa bulletin retrogression can still occur. These visas provide a pathway to lawful permanent residence for people who demonstrate exceptional qualifications, sustained achievement, or high-level executive or managerial experience. There are three specific types of first preference employment visas:

• EB-1A (Individuals of Extraordinary Ability): The EB-1A category applies to people who can demonstrate sustained national or international acclaim in fields such as science, arts, education, business, or athletics. It is for those who have documented evidence of extraordinary ability in a desirable field. No employer sponsorship or labor certification is required. The applicant may self-petition.
• EB-1B (Outstanding Professors and Researchers): EB-1B is a category that requires international recognition for outstanding achievements in a specific academic field. Professors and other researchers may qualify for an EB-1B. The applicant must have at least three years of experience in teaching or research and must be offered a tenure-track or comparable research position by a qualifying U.S. employer.
• EB-1C (Multinational Managers and Executives): Finally, the EB-1C category applies to executives and managers who have worked for a qualifying multinational company abroad for at least one year within the preceding three years before the application. To be eligible, the petitioning employer must have a qualifying relationship with the foreign entity.

First Preference Employment Visas Come With Significant Advantages

EB-1 visas offer several legal advantages compared to other employment-based categories. First and foremost, labor certification through the Department of Labor (DOL) is not required. That matters because it eliminates a major procedural step. Beyond that, priority dates are often current or move more quickly. That can reduce waiting periods by a lot, potentially even dramatically. Another advantage for EB-1A applicants is that they may self-petition. That provides flexibility for individuals without a traditional employer sponsor. For employers in Virginia, EB-1C offers a faster and more efficient path to transfer high-level personnel without navigating PERM requirements. Still, the application process can be complicated. Even small mistakes can cause big problems. An experienced Virginia employment immigration attorney can help you navigate the process.

Consult With Our Northern Virginia Employment Visa Lawyer Today

At Escobar Law Offices, our Virginia employment visa attorney provides solutions-focused guidance and support to clients. If you have any questions or concerns about employment visas, please do not hesitate to contact us today to arrange your fully private case review. Our firm provides employment immigration representation throughout Northern Virginia.