The EB-1A visa is designated for individuals who have demonstrated extraordinary ability in the fields of science, arts, sports, business, or education.
It requires the individual to have achieved national or international recognition in these fields. Unlike the EB-1B and EB-1C visas, applicants for the EB-1A visa do not need a job offer. However, they must demonstrate that they are entering the U.S. to continue working in their field and that their work will benefit the country. Typically, the evidence presented to show that the individual will continue working in their field is also sufficient to prove that their presence will benefit the country.
EB-1 Visa
EB-2 NIW Visa
Eligibility for this visa is based on meeting at least three of the following criteria:
1. National or international awards or achievements.
Examples of evidence:
Awards from well-known institutions
Awards for a doctoral thesis
Specific awards for presentations at nationally or internationally recognized conferences
2. Membership in associations that only accept individuals with outstanding achievements.
Examples of evidence:
Membership in certain professional associations
Affiliation with specific organizations or institutions
3. Your work and achievements have been published in the media.
Examples of evidence:
Printed publications about the individual and their work (newspaper articles, popular and academic journal articles, textbooks, etc.)
Online publications about the individual and their work
Transcripts of audio or video broadcasts about the individual and their work
4. You have served as a judge or referee in your field.
Examples of evidence:
Peer or referee evaluations for an academic publication (with evidence from the publication showing that the individual was invited and that the evaluation was completed)
Reviews of abstracts or papers submitted for presentation at academic conferences in the field
Serving as a jury member for a doctoral thesis
Acting as a reviewer for government research funding programs
5. You have made significant contributions to your field through original scientific, academic, artistic, athletic, or business-related work.
Examples of evidence:
Publications discussing the importance of the individual’s original work
Reference letters, statements, and sworn affidavits about the individual's original work
Citations of the individual’s work
Evidence of patents, licenses, or commercial use of the individual's work
6. Published articles and academic work.
Examples of evidence:
Articles published in peer-reviewed journals related to the field of expertise
Presentations published in nationally or internationally recognized conferences
7. If you are an artist, evidence of your work being exhibited or displayed in showcases or galleries.
8. Evidence of playing a leading or critical role in a distinguished organization.
Examples of evidence:
Senior faculty member or researcher in a prestigious academic department or program
Senior researcher in a non-academic institution or company
Principal investigator or key figure in an academic research project or government-supported institution
Serving on an important committee in a reputable organization
Founding or co-founding a well-known startup company
Holding a leadership or critical role in an important division of a company or institution, supported by documentation from the organization’s management
9. Earning an income higher than the industry average.
Examples of evidence:
Tax returns, pay stubs, or other evidence of previous salaries or payments for services
Contracts, offer letters, or other evidence of future salaries or payments for services
Salary comparison data for the individual's field of work, adjusted for geographic region or position
10. Evidence of success in performing arts.
If an individual is recognized for a particular achievement, it must be evaluated whether they have maintained similar recognition in their field since the time of the initial recognition. For example, someone who once gained national or international recognition but has not maintained it afterward does not meet this criterion.
To qualify as an individual of extraordinary ability, the applicant must plan to continue working in their field of expertise.
Generally, the applicant’s petition should demonstrate that:
- They have achieved recognition at the national or international level, and
- Their achievements are recognized in their field of expertise.
The individual can prove they are recognized on a national or international level either through a one-time achievement (such as a Nobel Prize or another highly prestigious award) or by meeting at least three of the criteria listed above.
The supporting evidence must show that the applicant is among “the top small percentage of individuals in their field.
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