Achievement-Based Green Cards:  For High Achievers

Achievement-based immigration requires proof that the person meets a certain level of achievement in his or her field. One achievement-based category requires a permanent job offer. In the other two, the foreign citizen can self-petition. Achievement-based green card opportunities are available in a broad array of fields. These are the three most commonly used categories:

• Aliens of Extraordinary Ability (EB-1A). Must have "risen to the small percentage at the very top of his or her field." A permanent job is not required.
• Outstanding professors or researchers (EB-1B). Must be "internationally recognized as outstanding." Permanent job is required.
• National interest waivers (NIW). Must meet three-part test:
  • work must be of substantial intrinsic merit;
  • benefits of work must be national in scope; and
  • person must prospectively benefit national interest to substantially greater degree than could a U.S. worker with the "same minimum qualifications." Permanent job is required.

For answers to frequently asked questions about achievement-based green cards, please see our FAQs about achievement-based immigration page.  Individuals with exceptional ability in the sciences or arts may also be eligible for a waiver of labor certification through Schedule A, though other achievement-based green cards options are likely preferable. 

Immigration Assistance

Peng & Weber has extensive experience in achievement-based immigration. Based on that experience, we have prepared a special web page devoted to the most common immigration issues facing researchers of all levels – from Ph.D. students and postdoctoral fellows to highly experienced industrial or academic research leaders. That page can be accessed from virtually all pages on our site under the "Researchers" link under the "Answers for" menu on the left side of the page.