EB-1A Extraordinary Ability, EB-2 National Interest Waiver and O-1A strategies for founders, researchers and executives.
For founders, researchers, artists, and professionals who have achieved extraordinary success in their fields, the United States offers dedicated immigration pathways that bypass traditional employer sponsorship requirements.
Reserved for individuals who have risen to the very top of their field in sciences, arts, education, business, or athletics. This classification allows self-petitioning without an employer sponsor and provides immediate priority date availability.
Designed for internationally recognized academics with at least three years of experience in teaching or research. Requires a qualifying job offer from a U.S. university or research institution.
Allows professionals with advanced degrees or exceptional ability to self-petition by demonstrating that their work is in the national interest of the United States. Ideal for entrepreneurs, researchers, and professionals whose work has broad societal impact.
Founders often use the O-1A, E-2, EB-1A and NIW in sequence as the company grows.
Our team will assess your qualifications and develop a strategic petition approach tailored to your achievements.
Schedule Strategy SessionYour record is measured against the EB-1A, NIW and O-1A standards to find the strongest route.
Each criterion is matched to evidence, and any gaps get a plan to close them before filing.
We identify independent experts and shape letters that speak to the legal standard.
The legal brief and exhibits are drafted around the criteria the officer must decide.
Every petition is checked against our No-RFE checklist before it is filed.
We file, track the case and manage any notice or request through to decision.
Founder and Managing Attorney of Samper Law, Lidice leads the firm's uncompromising litigation standards with relentless advocacy and strategic precision honed across federal and state courts.
View Full BioA founder's realistic U.S. options are the O-1A, the E-2 treaty investor visa, and two self-petitioned green cards, EB-1A and the National Interest Waiver, with International Entrepreneur Parole as a narrower alternative. Here is how they compare, and which founder each one fits.
Lidice Samper, Esq.Accurate as of September 29, 2026EB-1A carries a higher evidentiary bar but usually a shorter wait for Indian and Chinese nationals; NIW is easier to prove, although as of the October 2026 Visa Bulletin EB-2 has a final action date for every country while EB-1 remains current for most. Here is the side by side comparison, the current Visa Bulletin numbers by country, and when to file both.
Daniel Lopez, Esq.Accurate as of September 29, 2026Yes: a national interest waiver lets an EB-2 professional with an advanced degree or exceptional ability self-petition for a green card with no job offer and no labor certification. To get there, you must first clear the EB-2 threshold and then satisfy all three prongs of Matter of Dhanasar.
Daniel Lopez, Esq.Accurate as of September 29, 2026You qualify for EB-1A if you meet at least three of ten regulatory criteria (or hold a major, internationally recognized award) and the record as a whole shows you are among the small percentage at the very top of your field. Here is each criterion, the evidence USCIS actually credits, and how the Kazarian two-step review decides the case.
Daniel Lopez, Esq.Accurate as of September 29, 2026Reviewed by Lidice Samper, Esq.. Last updated .