EB-1A Extraordinary Ability

EB-1A is a special immigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. This category is designed for those who have risen to the top of their respective fields and can demonstrate sustained national or international acclaim. To qualify for an EB-1A visa, an applicant must meet certain eligibility criteria.

First, the applicant must have received a major international award, such as a Nobel Prize, or satisfy at least three of the following ten criteria:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence

Membership in associations that require outstanding achievements of their members

Evidence of published material about the applicant in professional or major trade publications or other media

Participation as a judge of the work of others in the same or allied field

Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

Authorship of scholarly articles in professional journals or other major media

Display of the applicant's work at artistic exhibitions or showcases

Performance in a leading or critical role for organizations or establishments with distinguished reputations

Commanding a high salary or other remuneration for services in relation to others in the same or similar fields

Commercial successes in the performing arts as shown by box office receipts or record, cassette, compact disc, or video sales.

An EB-1A visa applicant must also intend to continue working in the field in which they have extraordinary ability.

EB-1B Outstanding Professors and Researchers

The EB-1B visa category is reserved for outstanding professors and researchers who are recognized internationally. To qualify for an EB-1B visa, an applicant must meet the following criteria:

The applicant must have at least three years' experience in teaching or research in the field

The applicant must have an offer of employment from a U.S. university or other institution of higher education or a private employer that has a minimum of three full-time researchers on staff

The applicant must be recognized internationally as outstanding in their academic field

An applicant can demonstrate their international recognition by providing evidence of:

Major prizes or awards in the field

Membership in associations that require outstanding achievements

Published material in professional publications that have a circulation beyond the applicant's employer

Judgment of the work of others in the field

Presentation of original research at conferences and symposia

The EB-1B visa category allows applicants to bypass the labor certification process, which is normally required for most employment-based immigration categories. This means that the employer does not have to prove that there are no qualified U.S. workers available for the position.

EB-2 National Interest Waiver

The EB-2 National Interest Waiver (NIW) category is designed for professionals who have advanced degrees or exceptional ability in their field and whose work is in the national interest of the United States. The NIW category allows applicants to bypass the labor certification process and the job offer requirement, which are normally required for other employment-based immigration categories.

To qualify for an NIW, an applicant must meet the following criteria:

Hold an advanced degree or have exceptional ability in their field

Propose work that would benefit the national interest of the United States

Be able to demonstrate that it would be in the national interest of the United States to waive the job offer requirement and the labor certification process

An applicant can demonstrate their exceptional ability by providing evidence of:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence

Membership in associations that require outstanding achievements of their members

Evidence of published material about the applicant in professional or major trade publications or other media

Participation as a judge of the work of others in the same or allied field

Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

Authorship of scholarly articles in professional journals or other major media

Display of the applicant's work at artistic exhibitions or showcases

Performance in a leading or critical role for organizations or establishments with distinguished reputations

Commanding a high salary or other remuneration for services in relation to others in the same or similar fields

Commercial successes in the performing arts as shown by box office receipts or record, cassette, compact disc, or video sales.

An applicant can demonstrate that their work is in the national interest of the United States by providing evidence that their work:

Has a significant potential impact on the national economy, health, or welfare of the United States

Is related to a U.S. government priority or interest

Is related to a national security or defense need

Is related to a cultural or educational interest of the United States