Designed to enable highly skilled foreign nationals to gain green cards without a sponsor, national interest waivers (NIW) and extraordinary ability petitions (EB-1) fulfill similar functions. They do not require a job offer, or job in hand, and are thus reserved for professionals at the upper level of their profession, field, or specialty. Among the categories applicants belong to are engineering, sports, medicine, business, and the arts.
The EB-1’s focus is on public recognition for one’s achievements, fulfilled by an award like an Academy Award or Nobel Prize. Failing this, the U.S. Citizenship and Immigration Services (USCIS) allows the burden of proof to be met with evidence from three of 10 categories. These range from evidence of scholarly articles published to commercial success in the performing arts. Other categories include membership in associations requiring outstanding achievements in one’s field and evidence of high salary or remuneration.
With the NIW petition, the approval criteria are “national importance” and “substantial merit,” as there are no neatly delineated categories. The applicant must instead demonstrate accomplishments such as research that significantly advances a body of scientific knowledge, or the positive impact of one’s work for humanity. Other criteria include consideration of whether being in the US will position the professional to advance their efforts, and whether the nation finds it beneficial and in its interest to waive labor considerations and job offer requirements.
