EB1(a), Persons of Extraordinary Ability

The employment-based, first preference (EB1) category comprises three subcategories. Among these, EB1(a) allows for self-petitioning and is available to individuals with extraordinary ability in business, science, art, education, or athletics. Qualifying candidates are recognized as leaders in their fields and intend to continue their work in the United States.

EB1(a) Eligibility Criteria

To qualify under EB1(a), a foreign national must demonstrate sustained national or international acclaim. Achievements in the field should be supported by extensive documentation, including one-time major international achievements or evidence in a minimum of three categories from the following list of ten:

• Documentation of receipt of lesser nationally or internationally recognized prizes or awards
• Membership in associations requiring outstanding achievements
• Participation as a judge of others’ work in the field
• Published material about the individual in professional or major trade publications
• Authorship of scholarly articles in professional publications
• Original contributions of major significance in the field
• Display of work in artistic exhibitions or showcases
• Commercial successes in the performing arts
• High salary or significant remuneration for services
• Performance in a leading or critical role for organizations with a distinguished reputation

If the criteria don’t readily apply, comparable evidence can be submitted.

Totality of the Circumstances Test

Meeting at least three criteria doesn’t guarantee approval. USCIS reviews all evidence to determine if the stringent EB1(a) criteria are met.

EB2 National Interest Waiver

Another self-petitioning option is the national interest waiver (NIW) under the employment-based, second preference (EB2) category. It’s for professionals with advanced degrees or exceptional ability in sciences, arts, or business.

NIW Eligibility Criteria

Similar to EB1(a), NIW requires significant success and contributions. The applicant must show clear evidence of anticipated benefits to the U.S., outweighing the interest in protecting U.S. workers through the PERM process.

Three-Prong Test

To establish NIW eligibility, the foreign national must:

1. Show the proposed endeavor’s substantial merit and national importance
2. Demonstrate being well positioned to advance the proposed endeavor
3. Prove it’s beneficial to waive job offer and labor certification requirements

National Interest Waiver for Entrepreneurs

Entrepreneurs can qualify for NIW by satisfying the 3-prong test.