Achievement-based Immigration
Achievement-based immigration acknowledges those with outstanding abilities and achievements in their respective fields. Our detailed service provides a pathway to the U.S. designed around your notable qualifications.
Key Categories of Achievement-based Immigration
EB-1A Immigrant Visa
For persons of Extraordinary Ability
Purpose: For individuals recognized at the top of their field due to extraordinary achievements in science, art, education, business, or athletics.
Key Features: Allows self-petitioning. Does not require a U.S. employer or job offer. May include immediate family members for permanent residency.
Eligibility: National or international acclaim. Qualification through a major award or a combination of at least three significant achievements.
EB-2 NIW Immigrant Visa
Serving the National Interest
Purpose: The National Interest Waiver (NIW) is for individuals with advanced degrees or exceptional abilities who can demonstrate their work significantly benefits the U.S. national interest.
Key Features: Allows self-petitioning. Bypasses the typical U.S. employer sponsorship and Labor Certification. May include immediate family members for permanent residency.
Eligibility: Must pass a three-prong test, proving that the benefits from the individual’s work are national in scope, the individual is well-positioned to advance the proposed project, and it’s in the US national interest to waive the requirement of a job offer and Labor Certification process.
O-1 Temporary Work Visa
For the Extraordinarily Talented
Purpose: Temporary work visa for individuals with exceptional achievements in sciences, education, business, athletics, or arts.
Key Features: Visa length determined by the “event” or contract, up to 3 years, with extensions possible in 1-year increments. Two subcategories: O-1A (sciences, education, business, athletics) and O-1B (arts, films, TV). Potential for spouse and children to accompany under O-3 visa.
Eligibility: Must show exceptional achievements, a high degree of expertise endorsed by peers, and a prominent reputation within the field.
The Benefits of Achievement-Based Visas:
A Path to U.S. Residency for Talented Individuals
Achievement-based visas such as the EB-1A, EB-2 NIW, and O-1 offer a streamlined pathway for talented individuals to contribute their skills and expertise to the United States of America. Whether you’re an entrepreneur, scientist, scholar, influencer, athlete, or artist, the U.S. recognizes your unique accomplishments and provides an opportunity to further your career in the U.S. Here’s why considering this immigration pathway can be beneficial for you:
Direct Recognition of Talent:
Unlike other visa categories that might be based on employment offers or specific investment amounts, achievement-based visas focus on the individual’s accomplishments and contributions to their field.
Flexibility:
Flexibility in terms of employment. For instance, the EB-1A and EB-2 NIW allow for self-petitioning, meaning you don’t necessarily need a specific job offer to apply.
Potential for Faster Processing:
Certain achievement-based visas, like the EB-1A, don’t require the Labor Certification process, and the visa backlog is typically less than in other employment-based green card categories, potentially leading to faster processing times.
Broad Scope:
These visas cater to a wide range of professionals – from artists and entertainers to researchers and business professionals. The inclusivity of these visas ensures that professionals from various fields can qualify.
Career Advancement:
Gaining an achievement-based visa can significantly boost your professional reputation, opening doors to collaborations, partnerships, and opportunities in the U.S. that might not have been accessible otherwise.
Pathway to Permanent Residency:
Some achievement-based visas, especially those in the EB category like EB-1A and EB-2 NIW, can lead directly to a green card, offering a clear path to U.S. permanent residency and, eventually, U.S. citizenship.
Immigration Success Stories
Consultations
Consultations are designed to help you evaluate your options clearly and realistically.
We review your background, business or role, and immigration history to identify viable pathways, explain what is required for a strong filing, and flag issues that may affect timing or strategy. The goal is to give you structure and direction, so you can move forward with confidence and fewer surprises.
This is the appropriate starting point for business and employment-based immigration matters that require careful planning.
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Frequently Asked Questions
The EB-1A is an immigrant visa category for individuals with extraordinary ability in arts, sciences, business, education, or athletics. It’s designed for those who have achieved national or international acclaim for their achievements. Successful applicants can pursue U.S. permanent residency (Green Card) without needing employer sponsorship.
Yes, for the EB-1A visa, recommendation letters from experts in the applicant’s field are typically required. These letters should attest to the applicant’s extraordinary ability and significant contributions to their profession or discipline.
The EB-2 NIW (National Interest Waiver) visa is an immigrant visa category for individuals with advanced degrees or exceptional abilities. It allows applicants to bypass the labor certification process if it’s in the U.S. national interest. The NIW is a waiver of the job offer and labor certification requirements typically needed for EB-2 visa petitions.
NIW stands for “National Interest Waiver,” a U.S. immigration provision allowing specific foreign nationals to pursue a green card without employer sponsorship or a Labor Certification (PERM). To qualify, individuals must prove their work significantly benefits the U.S. in areas like healthcare, technology, or education, demonstrating its “national interest.“
Yes, with an EB-2 NIW Visa, your spouse and unmarried children under 21 can join you in the U.S. They’re eligible for derivative green cards based on your primary application. To understand the specifics and ensure a smooth process, schedule a consultation with Victoria Kuzmina today.
The O-1 visa is a U.S. non-immigrant visa for individuals with extraordinary ability or achievement in their field, be it arts, sciences, business, or sports. It allows them to work in the U.S. for a sponsoring employer or agent. Given the complexities of the O-1 visa application, it’s crucial to have expert guidance. As a seasoned O-1 visa lawyer, Victoria Kuzmina can navigate you through the process. Schedule a consultation with her today for a personalized solution.
I got in touch with Victoria after I received a 7 page RFE for my O1A petition. My RFE deadline was only 6 weeks away and Victoria had to work on my entire case again from scratch. She met the required deadline and we submitted it in 6 weeks. I got an approval on the 7th working day. This visa was my only option to live in the US and she made it happen. Victoria works on the entire case by herself- its not passed on to paralegals, so it is her expertise that is used in the case. She is very professional, knowledgeable and a great communicator. She responded to all my queries promptly and took the time to explain everything thoroughly. Thank you for everything Victoria!!! I highly recommend her.
Akshay