The EB-1 category is the highest preference classification for employment-based green cards and is reserved for individuals at the top of their fields. There are three subcategories. EB-1A is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim. EB-1B is for outstanding professors and researchers with at least three years of experience in teaching or research who are recognized internationally for their academic achievements. EB-1C is for multinational managers or executives who have been employed abroad by a qualifying organization for at least one of the three years preceding the petition and are being transferred to a U.S. office in a managerial or executive capacity.

A key advantage of the EB-1 category is that it does not require a labor certification through the PERM process, which eliminates one of the most time-consuming steps in the employment-based green card process. EB-1A applicants can also self-petition, meaning they do not need an employer sponsor. EB-1 cases require strong documentary evidence, such as major awards, published research, high salary, original contributions of major significance, and letters from experts in the field.

The National Interest Waiver is a special pathway within the EB-2 green card category that allows individuals with an advanced degree or exceptional ability to petition for permanent residence without a job offer and without requiring their employer to go through the PERM labor certification process. This makes the NIW one of the most flexible employment-based options available, as applicants can self-petition and are not tied to a specific employer.

To qualify, an applicant must satisfy a three-part test. First, the applicant's proposed endeavor must have substantial merit and national importance. Second, the applicant must be well positioned to advance the proposed endeavor based on their education, skills, knowledge, and track record of success. Third, it must be demonstrated that, on balance, it would benefit the United States to waive the requirement of a job offer and labor certification. NIW petitions are particularly common among researchers, scientists, physicians working in underserved areas, engineers, technology professionals, and entrepreneurs whose work has a broad impact beyond a single employer.