Every EB-1 classification says it in the regulation, and the national interest waiver exists to achieve it: no labour certification. Knowing what that step normally does explains why these routes are shaped the way they are.
- EB-1A: no job offer and no labour certification
- EB-1B: a qualifying job offer, but no labour certification
- EB-1C: a job offer statement, but no labour certification
- NIW: the waiver covers the job offer and the labour certification
- The trade is a higher evidentiary burden on the person
What labour certification is for
The purpose is stated plainly in the NIW guidance, where it explains what the waiver is weighed against:
"the requirement of a job offer and thus a labor certification, which is intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers" USCIS Policy Manual, Volume 6, Part F, Chapter 5
So it is a labour-market test attached to a specific job at a specific employer, run by the Department of Labor before the immigration petition is filed. It is about the position, not about the person.
That framing explains the whole structure of the routes this site covers. A classification that asks whether you are among the small percentage at the very top of your field is asking about the person, and the labour-market test is beside the point.
Where each route says it
EB-1A removes both the offer and the certification:
"Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise." 8 CFR 204.5(h)(5)
EB-1B keeps the offer and drops the certification. The regulation requires "An offer of employment from a prospective United States employer. A labor certification is not required for this classification", then specifies the three qualifying forms of offer covered in EB-1B outstanding professors and researchers.
EB-1C does the same: "No labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the United States in a managerial or executive capacity."
NIW waives it as the point of the exercise:
"A petition filed with a request for a national interest waiver on behalf of a person does not need to be supported by a job offer; therefore, the person may file as a self-petitioner. A waiver of a job offer also includes a waiver of the permanent labor certification requirement." USCIS Policy Manual, Volume 6, Part F, Chapter 5
With one paperwork wrinkle worth knowing: "In support of the petition, however, the petitioner must submit the employee-specific portions of a permanent labor certification (without DOL approval)", and "The petitioner may submit either the Form ETA 750B or Form ETA 9089."
What skipping it actually changes
Time and control. The labour certification process happens before the immigration petition and is run by an employer through a different agency. Removing it removes an entire stage and, on the self-petition routes, removes the employer from the critical path.
Who holds the case. This is the consequential one. On a route with a labour certification, the petition is the employer's. The revocation rules covered in what can revoke an approved I-140 are largely about what happens when an employer withdraws or closes, and portability under 204(j) exists to soften that dependency. On EB-1A or NIW, none of that machinery is needed because the dependency never formed.
What replaces it. Not nothing. EB-1A asks for three of ten criteria and then a final merits determination on whether you are at the very top of your field. The NIW asks for three prongs including national importance. Those are demanding tests, and they are the substitute for the labour-market test rather than an absence of one.
The comparison worth making
It is tempting to read "no labour certification" as "easier". The more accurate reading is that the burden moves.
| Labour certification route | EB-1 / NIW | |
|---|---|---|
| What is tested | The position, against the US labour market | The person, against their field |
| Who controls the filing | The employer | The employer, or you on EB-1A and NIW |
| Stages before the petition | Recruitment and certification | None |
| What can undo it | Withdrawal, employer closure, certification invalidation | The evidentiary case itself |
Which of those trade-offs suits you depends on your record and your circumstances, and it is a decision to make with your attorney. The three EB-1 classifications compared sets out the options, and which criteria to build first is where the evidentiary work starts.
One connection worth noting for anyone who does hold a certification-based approval: invalidation of the labour certification is one of the events that both revokes a petition automatically and destroys a retained priority date, as priority date retention sets out.
Sources
All accessed 26 August 2026.
- 8 CFR 204.5(h)(5), (i)(3)(iv), and (j)(5), eCFR. The no-labour-certification provisions for EB-1A, EB-1B and EB-1C, quoted verbatim above.
- USCIS Policy Manual, Volume 6, Part F, Chapter 5. The national interest waiver, the purpose of labour certification, and the ETA form requirement.
- 8 CFR 205.1(a)(3)(iii)(A), eCFR. Invalidation of a labour certification as a ground of automatic revocation.
- USCIS, Employment-Based Immigration: First Preference EB-1.
This article describes the requirements in general terms. It is not a substitute for advice from your attorney about your own case.
Frequently asked questions
Does EB-1 require labour certification?
No. The regulation states that no labour certification is required for the outstanding professor or researcher classification and for multinational executives and managers, and for extraordinary ability it states that neither an offer of employment nor a labour certification is required.
What is labour certification for?
It is the process the regulation describes as intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of US workers.
Does the NIW skip it too?
Yes, that is what the waiver is. USCIS states that a waiver of a job offer also includes a waiver of the permanent labour certification requirement.
Does skipping it make the case easier?
Not overall. It removes a process and a dependency, and replaces it with a higher evidentiary burden on the person, which is what the EB-1 criteria and the NIW prongs are.
Do you still submit anything labour-related for an NIW?
USCIS states that in support of the petition the petitioner must submit the employee-specific portions of a permanent labour certification without DOL approval, and that either Form ETA 750B or Form ETA 9089 may be submitted.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.