Instead, they can showcase their merit through at least three of several recognized proofs, such as receiving notable national or international awards, having their excellence covered in major publications, or demonstrating exceptionally high remuneration, among others.

A job offer is not needed to apply, but it’s essential to indicate an intention to contribute significantly to the U.S. Notably, the EB-1 category typically doesn’t exhaust its visa quota, allowing for prompt visa acquisition or status change to EB-1 upon petition approval. No need exists to test the U.S. job market for EB-1 applicants, and the entire process can be relatively short compared to other visas.

A unique benefit of the EB-1A over other EB-1 applications is the non-requirement of a job offer. Plus, obtaining EB-1 status tends to be faster than other employment-related green card routes. Legal counsel is crucial for EB-1A petitions, especially when the applicant hasn’t received a high-profile international award. The immigration authorities often misinterpret the criterias. An experienced attorney can challenge such interpretations using relevant case law and explaining the proper interpretation and standard of review to the officer.

Furthermore, a lawyer can discern whether the provided documentation aligns with the stipulated criteria. An attorney well-versed in the required standards can evaluate the potential for success and ensure that all supporting evidence, such as reference letters, meets the standard. Prospective EB-1A petitioners should consult a seasoned immigration lawyer to gauge eligibility and define their domain of expertise appropriately.

The latter involves showcasing expertise that stands out distinctly in fields like sciences, arts, or business. For the advanced degree, they should have, at the least, a master’s equivalent, or a bachelor’s degree combined with five years of subsequent professional experience.

To initiate the EB-2 process, an applicant submits Form I-140, titled “Immigrant Petition for Alien Worker.” An NIW advantage is that it empowers applicants to submit this without needing an employment offer or a permanent labor (PERM) certification beforehand.

National Interest Waiver Insights

For an NIW approval, an individual must prove:

The term “substantial merit” can be represented across various domains, including education, health, technology, culture, business, and more. Financial gain isn’t the sole merit indicator; societal benefits can also be a substantial merit.

The work’s impact doesn’t need to span the entire U.S. Creating numerous jobs in a financially struggling region could be deemed nationally significant, even if its reach is local.

A project’s potential success isn’t strictly evaluated. Instead, the focus is on whether the applicant is suitably equipped to carry out their initiative. Although not mandatory, if an applicant has a reputable, successful enterprise, it could enhance their NIW case.

With the labor certification approved, your employer is now eligible to submit Form I-140 to USCIS on your behalf. This form establishes your eligibility for the EB-3 visa and should be accompanied by the required documentation.

Visa Application

Upon approval of your Form I-140 by USCIS, you can proceed with the visa application. If you are currently outside the U.S., you can apply for an immigrant visa via a U.S. consulate or embassy in your country. If you are already in the U.S. under another nonimmigrant visa, you can submit Form I-485 to adjust your status to permanent resident.