If You’re Extraordinary Or Your Work Has National Importance To The U.S., Our Chicago Immigration Attorneys Can Help

What Is The Extraordinary Ability Immigrant Visa?

An extraordinary ability (EB1A) visa is a sub-category of the employment based first preference (EB-1) classification for an immigrant petition. The EB-1A is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim and recognized in the field through extensive documentation. Additionally, the individual not only needs to have a proven track record of extraordinary ability, but they need to demonstrate a plan to work in the United States in their field of extraordinary ability and prove that their work will substantially benefit the United States.

The EB-1A immigrant petition requires that the individual have extraordinary ability in the fields of sciences, arts, education, business, or athletics. Extraordinary ability means that the individual has reached a level of expertise, demonstrating that they are one of a very small percentage of people who have risen to the very top of their field.

To qualify, an applicant must have received a major, internationally recognized award (e.g., Nobel Prize, Pulitzer Prize) or must have at least 3 of the following criteria:

• Receipt of nationally or internationally recognized prizes or awards for excellent in the field
• Membership in associations in the field, which require outstanding achievement of their members, as judged by recognized national or international experts in their fields
• Published material in professional or major trade publications or major media about the applicant or their work
• Participation on a panel or individually as a judge of the work of others in the field
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in the field, in professional journals, or other major media
• Evidence that your work has been displaced at artistic exhibitions or showcases
• Evidence that you have a leading or critical role in the organizations or establishments that have a distinguished reputation
• Commanding a high salary or other remuneration for services
• Evidence of your commercial successes in the performing arts

What is a National Interest Waiver?

A National Interest Waiver (NIW) is a sub-category of the employment based second preference (EB-2) classification for an immigrant petition. The purpose of an NIW petition is to allow an individual to obtain a green card without needing a labor certification from the Department of Labor and sponsorship from a U.S. employer. Because the NIW does not require a labor certification, it can be self-petitioned and does not require a job offer.

How do I know if I’m eligible?

You must first meet one of the following requirements for the employment bases second preference (EB-2) classification for an immigrant petition. The requirements include:

• Having evidence of an advanced degree OR
• Demonstrating that one has exceptional ability in the sciences, arts, or business

Then, you must demonstrate that you meet the criteria for the NIW (National Interest Waiver). This criterion includes the following:

• Your proposed endeavor has both substantial merit and national importance;
• You are well-positioned to advance the proposed endeavor; and
• It would benefit the U.S. to waive the labor certification/job offer requirement.

Minsky, McCormick & Hallagan has decades of experience in immigration law. If you feel you may qualify for an extraordinary ability immigrant petition or a national interest waiver, you’ve come to the right place. Our employment-based immigration attorneys can help you! Please don’t hesitate to call us at (312) 427-6163 or contact us online. Our office is located in downtown Chicago.