EB-1A and EB-2 Visas
Achieve US residency with the recognition of your extraordinary abilities, advanced degrees, or outstanding skills and research
EB-1A and EB-2 NIW Visa Services
The EB-1A visa and EB-2 NIW visa are frequently considered alternative immigration options because they circumvent the need for a US employment sponsor and the lengthy processes of Labor Certification– otherwise known as Program Electronic Review Management (PERM).
We have successfully applied for extraordinary and exceptionally talented individuals including: Architect, Video Game Creator, Piano Instructor, Inventor, Artists, Doctors, Entrepreneurs, Interior Designers, Engineers, Scientists, Consultants, and more.
While both visas provide the same benefit, deciding on the appropriate visa hinges on a case by case basis. As experienced EB-1A and EB-2 NIW immigration attorneys, we guide our clients into the optimal visa selection depending on their personal circumstances.
EB-1A Visa
Extraordinary Ability Visa
Designed for individuals with extraordinary ability at the top of their field including but not limited to Pulitzer prize, Oscars, Olympic Medalists, and top-tier earners.
EB-2 NIW
National Interest Waiver
Designed for exceptional individuals – such as those with advanced degrees and significant experience – whom the USA deems to have substantial merit and national importance.
EB-1A vs. EB-2 NIW Visa Comparison
Explore the differences and benefits of the EB-1A and EB-2 NIW programs to determine your eligibility to self-petition for these expedited processing immigrant visas.
Key Differences
EB-1A
- Focuses on the individual’s extraordinary ability and achievements in their field, emphasizing recognition and acclaim
- e.g. Pulitzer Prize winners, gold Olympic medalists, top 1% of their field
- Often has current visa availability, allowing applicants to proceed with the final stages of the green card process without waiting for a visa number to become available.
EB-2 NIW
- Focuses on the individual’s extraordinary ability and achievements in their field, emphasizing recognition and acclaim
- e.g. Those holding an advanced degree (or equivalent), those demonstrating outstanding research or impact in their field
- Often has current visa availability, allowing applicants to proceed with the final stages of the green card process without waiting for a visa number to become available.
EB-1A and EB-2 NIW Benefits
- Immigrant visa with pathway to permanent resident green card
- 15 day premium application processing available through USCIS
- Family immigration for spouse and unmarried children under 21 years of age
- Applicant may self-petition, no job offer required
Criteria for Evaluation
- EB-1A: Requires evidence of sustained national or international acclaim, which can include major awards, significant contributions, and a substantial body of work.
- EB-2 NIW: Requires evidence that the individual’s work is of substantial intrinsic merit and has a national impact, demonstrating that it is in the interest of the United States.
Discover Your Eligibility: EB-1A or EB-2 NIW Visa
Unsure about which visa is right for you? Contact SMS immigration attorneys for answers today.
EB-1A Extraordinary Ability Visa
The Employment-Based Immigration First Preference, commonly known as the EB-1A visa, is designed for individuals that have extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim and will be continuing to work in the area of their expertise.
Every EB-1A application review is discretionary by a USCIS officer on a case by case basis.
With our expertise in EB-1A cases, we assist clients in determining the adequacy of evidence and exploring alternative options to meet the EB-1A criteria. Each profession has its specific criteria, and adeptly identifying, explaining, and providing supporting evidence can fulfill the requirements for the EB-1A visa.
What is Extraordinary Ability?
There are two ways to prove an applicant has extraordinary ability eligible for EB-1A.
Option 1
One-time achievement of a major internationally-recognized award. Having a one-time achievement of a major internationally recognized award like an Olympic medal automatically qualifies as extraordinary.
Option 2
It’s important to be able to define the scope and credibility of internationally recognized awards to determine if this element can be satisfied or will fall under one of the 10 criteria. Meet 3 of 10 listed criteria below
The 10 Criteria
- Applicants who do not have a one-time, internationally acclaimed award can meet 3 of the following 10 listed criteria (or comparable evidence if any of the criteria do not readily apply):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Sustained Acclaim
Often overlooked, sustained acclaim is an important element of EB-1A. USCIS emphasizes that the evidence should reflect sustained acclaim. An applicant’s extraordinary ability must be proven through a continuous and consistent track record rather than relying solely on past achievements.
Continued Work in Area of Expertise
USCIS will check into whether applicants intend to continue to work in their area of expertise. While proof of employment or job offers are not necessary, having a realistic plan to continue employment is an important element for EB-1A visas.
Not every applicant is a Nobel Peace Prize awardee, but that’s no cause for concern. More often than not, most EB-1A visa applicants will qualify under option 2.
SMS Lawfirm’s experienced EB-1A attorneys analyze each applicant’s unique history and strategically craft solutions to achieve permanent residency. They specialize in refining the applicant’s field without limiting it excessively, identifying alternative evidence that meets criteria, assessing award credibility, and addressing various crucial factors.
As emphasized, the adjudication of every EB-1A case hinges on its intrinsic merits. To optimize success EB-1A applicants must meticulously tailor their applications to precisely reflect their individual circumstances. Applicants can rely on SMS lawyers’ dedication, throroughness, and history of successful visa applications to guide them through this nuanced and arduous process.
Our Step-by-Step Approach to EB-1A Visa Applications
At SMS Law Firm, we understand the complexities of the EB-1A visa application process. Our experienced team will guide you through each step, ensuring smooth processing from application to approval.
Personalized Guidance from Immigration Experts
Our immigration experts will provide personalized guidance tailored to your unique situation, increasing your chances of a successful EB-1A Visa application.
Streamlined Documentation and Application Preparation
We will assist you in gathering the necessary documentation and preparing a strong EB-1A Visa application, saving you time and effort.
Expert Support Throughout the Approval Process
Our team will provide expert support and representation throughout the EB-1A Visa approval process, ensuring your best interests are protected.
EB-1A FAQ's
Can I self-petition for the EB-1A visa?
Yes, the EB-1A visa allows you to self-petition, meaning you do not need an employer or job offer. This option benefits individuals who have demonstrated exceptional ability independently, offering flexibility if you’re not tied to a specific U.S. employer.
What kind of evidence is required to prove extraordinary ability?
To prove extraordinary ability, applicants must meet at least three criteria, including major awards, professional memberships, significant media coverage, contributions of major significance, or high salaries. The evidence must convincingly show sustained national or international recognition.
How long does the EB-1A application process take?
Processing times can vary significantly, typically between 6-12 months. However, premium processing can reduce this time to about 15 days, but only ensures a faster response—not necessarily approval.
How can an expert attorney assist with my EB-1A application?
Experienced attorneys will identify the best field for EB-1A applicants to be considered at the top of their field. For example, an award-winning interior designer is different than an award-winning interior designer specializing in feng shui design.
What are the most recent changes for EB-1A?
On April 1, 2024, USCIS increased filing fees for EB-1A applications. The latest filing fees can be found on form G-1055.USCIS also released new guidance for EB-1 eligibility criteria.
Looking for additional clarification?
Evaluate Your EB-1A Visa Eligibility
EB-2 NIW
National Interest Waiver
The Employment-Based Immigration Second Preference, National Interest Waiver – commonly known as the EB-2 NIW visa – provides the same benefits as an EB-1A. Providing a pathway to your green card and a premium processing option to expedited application processing, the National Interest Waiver visa is a great option for applicants who are exceptionally talented, hold advanced degrees, or are working on research or professional projects which stand to benefit the United States should the applicant be granted permanent residency.
Every EB-2 visa application is reviewed on a discretionary, case by case basis by a USCIS officer.
With our expertise in NIW cases, we assist clients in identifying whether their profession and proposed work qualifies for a national interest waiver. A key element is defining how an applicant’s proposed endeavor entering the United States will beneficially impact the USA on a national level.
With our expertise in EB-2 cases, we assist clients in determining the adequacy of evidence and exploring alternative options to meet EB-2 NIW eligibility requirements. Each profession has its specific criteria, and adeptly identifying, explaining, and providing supporting evidence can fulfill the requirements for the EB-2 visa.
Eligibility for the EB-2 NIW Visa
There are two main requirements to meet for an EB-2 NIW visa:
Preliminary Requirement
Eligibility with an Advanced Degree or Exceptional Ability
An EB-2 NIW visa applicant must qualify with an advanced degree, a bachelor’s degree with at least five years of post-graduate experience, or otherwise demonstrate exceptional ability in their field.
Option 1 Advanced Degree
- U.S. master’s degree or higher (or equivalent)
- U.S. bachelor’s degree (or equivalent) with 5+ years of progressive experience
Meeting these requirements is a minimum prerequisite to apply for the NIW visa via this route. For your application to be successful, you must also prove that the position and industry typically require an advanced degree.
Option 2: Exceptional Ability
Meet at least 3 of the following criteria:
- Relevant academic credentials
- Letters from employers documenting 10+ years of experience
- Professional license or certification
- High salary or remuneration
- Membership in professional associations
- Recognition for achievements and contributions
- Other comparable evidence
Fulfilling these criteria doesn’t automatically qualify an applicant to achieve the EB-2 through this route. USCIS also requires a “Final Merits Determination” demonstrating expertise significantly exceeding the ordinary in your field.
Secondary Requirement
National Interest Waiver Justification
Applicants must demonstrate their proposed endeavor in the U.S. is beneficial to the country, justifying a waiver of the job offer and labor certification requirements. USCIS employs the following three pronged test to define their “preponderance of evidence” standard:
Substantial Merit and National Importance
- The applicant’s proposed endeavor must be significantly beneficial to the U.S.
- Examples include contributions to medicine, manufacturing, economic development, cultural enrichment, or endeavors which directly address a major American need.
Applicant's Ability to Advance the Endeavor
- A successful applicant must demonstrate that they can meet the expectations of advancing their proposed endeavor based upon their professional qualifications, education, and relevant experience.
Benefit of Waiver to the U.S.
- The final core component of this green card pathway is that the USCIS must be convinced that waiving the job offer and labor certification requirements is in the national interest.
- Examples of this may include applicants who can demonstrate the independent nature of their work, a national benefit to expediting the start date of the proposed US-based endeavor, and more.
Benefits of EB-2 NIW
- Flexibility: Suitable for diverse occupations and endeavors with national importance.
- STEM Friendly: Particularly helpful for applicants in science, technology, engineering, and math (STEM) fields.
- Premium Processing: With optional expedited processing, an National Interest Waiver visa application can be reviewed by USCIS in just 15-45 days.
EB-2 NIW FAQ's
What is an EB-2 Green Card?
The EB-2 green card classification is intended for individuals with a Master’s Degree (or its equivalent in the form of a Bachelor’s Degree plus 5 years of work experience). While Indian-born applicants face significant backlogs, applicants from other countries have more favorable waiting times. For example, the waiting list for green cards in the People’s Republic of China is reasonably short, and all other countries have no waiting list at all.
What is a National Interest Waiver (NIW)?
National Interest Waivers are unique to the EB-2 classification. Normally, EB-2 applicants require an approved PERM Labor Certification issued by the U.S. Department of Labor. However, the NIW process allows applicants to bypass these requirements. It means that applicants do not need a job offer from a U.S. employer and can self-sponsor their green card. The NIW also exempts applicants from recruitment efforts and prevailing wage requirements, significantly expediting the process.
What are the Requirements for National Interest Waivers?
The requirements for NIWs are not easy, but they are essential for obtaining an exemption from the usual labor certification process. According to the key court decision in Matter of Dhanasar (2016), the applicant must meet the following criteria:
- The proposed work in the U.S. has both substantial merit and national importance.
- The applicant is well positioned to advance the proposed endeavor.
- The U.S. would benefit if the applicant is exempted from obtaining employer sponsorship and filing a PERM Labor Certification.
How Does the New USCIS Guidance Impact STEM Graduates?
The new USCIS guidance, released in January 2022, aims to make it easier for STEM graduates to apply for EB-2 National Interest Waivers. It clarifies how the NIW can be used by STEM graduates and entrepreneurs. This aligns with the Biden Administration’s goal of removing barriers to legal immigration.
What Is the Role of Letters from Governmental Entities?
Letters from governmental and quasi-governmental entities play a significant role in NIW petitions. They can strengthen an applicant’s case by demonstrating the national importance and merit of their proposed work.
Is Labor Certification Required for NIWs?
No, the National Interest Waiver process bypasses the need for a labor certification. Applicants do not require a job offer from a U.S. employer.
What Is the Significance of Visa Bulletin and Priority Dates?
The Visa Bulletin provides information on visa availability. Priority dates determine an applicant’s place in line for visa processing. Understanding these dates is crucial for planning and timing the green card application process.
What Is the Significance of Visa Bulletin and Priority Dates?
Consular processing allows applicants to obtain their green cards outside the U.S. It involves attending an interview at a U.S. consulate or embassy.
How Does Adjustment of Status Work?
Adjustment of status is an alternative to consular processing. It allows applicants to apply for a green card while remaining in the U.S.
Can I Self-Petition for EB-2 NIW?
Yes, the National Interest Waiver allows prospective applicants to self-sponsor their green card without needing an employer’s sponsorship.
Seeking additional information?
Evaluate Your EB-2 Visa Eligibility
One of the biggest advantages of both EB-1A and EB-2 NIW are that both visas are not limited to a single occupation. This flexibility introduces nuance and complexity in both of these visa categories, making it all the more important for an specialized and experienced attorney to successfully guide qualified applicants through the process from visa pathway selection to final approval.
Some applicants are able to demontrate their eligibility for both an EB-1A and EB-2 NIW visa. Such applicants can apply concurrently for both or select one pathway or the other to pursue their residency. Our EB-1 and EB-2 lawyers consult with each client to determine the best option to suit their individual needs and to optimize their chances of success.
Schedule a consultation to discuss your EB-2 Visa options with a member of our highly accomplished legal immigration team.
EB-1A AND EB-2
Resources
Find below additional details regarding the resources for EB-1A and EB-2 visas
Contact Us
We are here to help you with your EB-1A and EB-2 NIW visa applications.
Choose Your Path to Permanent Residency with Confidence
You’re an experienced and capable international professional with valuable contributions to make to the United States of America. Allow our legal team present your achievements and accolades to the USCIS and guide you through a successful immigration journey.