• The EB-1 for Aliens of Extraordinary Ability,

EB1 Extraordinary Ability immigrant visa application is in the employment-based immigration visa first preference (EB1 visa) category known as EB-1A. Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB-1A or EB1-EA). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category.

Certain aliens are exempted from the Labor Certification application process by virtue of their extraordinary ability, outstanding research, positions as international managers and executives, or their work in U.S. national interest. An immigrant application filed on behalf of an alien with extraordinary ability must demonstrate that the alien possesses a level of expertise indicating that he or she has risen to the top of the field of endeavor.

If you have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation, then you will qualify as an alien of extraordinary ability. If you are a member of the "small percentage who have risen to the very top of the field of endeavor", then you can apply under this category.

• The National Interest Waiver (NIW) for Aliens of Exceptional Ability and Advanced Degree Professionals.

National Interest Waiver green card application is in the employment-based immigration visa second preference (EB2) category known as EB2 NIW. Many talented scientists and researchers should have better chances when they apply for an attractive job position. However often times, they failed just because they do not have a U.S. Green Card. Some people with advanced degree do not know how to apply for U.S. Green Card in above three preferred immigration categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications.  

To qualify for EB2 NIW, an alien applicant needs to demonstrate that his or her work is in the National Interest of United States, and the alien applicant should have an advanced degree and have exceptional ability in sciences, arts or business. The National Interest Waiver Green Card application can either be filed by an alien applicant, or be sponsored by  a U.S. employer. An alien applicant may also file additional Green Card applications in other categories, while a National Interest Waiver application is pending. 

A person qualifies for the EB2 National Interest Waiver category if he or she falls within the second preference employment-based category, namely a person in the professions who either holds an advanced degree or is considered possessing exceptional ability in the sciences, business or arts.

2. Two Major Advantages for Extraordinary (EB-1A) Ability petition and NIW Applications

• They are much quicker than the normal labor certification process. Whereas a normal permanent residency petition channeled through the burdensome labor certification process may takes two to five years, a NIW/EB-2 or EB-1A takes only one year to process;

• The applicant sponsors himself/herself based upon his/her abilities, education, and experience. This means that present employment is not required, and if the applicant is employed, the employer does not have to get involved in the process. 

Why is this important? Freedom! The applicant does not have to stay with the employer for a certain number of years while the process is undertaken. Second, permanent residency is taken away from the employer as a bargaining chip in the employer/employee relationship.