1. EB-1A: Extraordinary Ability Green Card

The EB-1A visa is designed for individuals who have demonstrated “extraordinary ability” in their field of expertise, such as science, business, education, arts, or athletics. Unlike the traditional employment-based green card process, EB-1A does not require employer sponsorship, labor certification, or job offers, making it a highly desirable option for H-1B holders looking for an expedited pathway to a green card.

Eligibility Criteria for EB-1A

To qualify for EB-1A, applicants must provide substantial evidence of extraordinary ability by meeting at least three out of ten USCIS criteria, which include:

• Receiving nationally or internationally recognized awards.

• Membership in prestigious professional organizations.

• Published scholarly articles or contributions to major publications.

• Serving as a judge of others’ work in your field.

• Leading or playing a critical role in distinguished organizations.

• High salary or remuneration compared to others in your field.
  
  

Strategies for H-1B Holders to Strengthen EB-1A Petitions

• Enhance your profile by actively publishing research, speaking at conferences, and gaining industry recognition.

• Seek media coverage for your work in national or international outlets.

• Collaborate with experts in your field to strengthen your influence.

• Secure recommendation letters from leading professionals who can attest to your extraordinary contributions.

2. EB-2 NIW: National Interest Waiver

The EB-2 NIW is an excellent pathway for professionals whose work is of significant importance to the U.S. Unlike a standard EB-2 green card, the NIW category allows applicants to self-petition, bypassing the labor certification requirement.

Eligibility Criteria for EB-2 NIW

Applicants must demonstrate:

• Their work has substantial merit and national importance.

• They are well-positioned to advance their field.

• It is beneficial for the U.S. to waive the job offer and labor certification requirements.
  
  

Strategies for H-1B Holders to Qualify for EB-2 NIW

• Highlight your research, patents, or entrepreneurial ventures that contribute to the U.S.

• Demonstrate your work’s impact on the economy, public health, or national security.Secure strong letters of recommendation from experts validating your contributions.

• Establish a compelling personal narrative about how your work serves U.S. interests.

3. O-1 Visa: An Alternative to EB-1A for Extraordinary Ability

The O-1 visa is a non-immigrant visa designed for individuals with extraordinary ability, similar to the EB-1A green card. Unlike EB-1A, however, O-1 requires an employer or agent as a petitioner.

Eligibility Criteria for O-1

To qualify, applicants must meet at least three out of ten USCIS criteria, similar to EB-1A, including major awards, significant media recognition, and contributions of major significance.

Benefits of Transitioning from H-1B to O-1

• No annual cap like H-1B, avoiding the lottery process.

• Dual intent, meaning it can lead to a green card application.

• Faster processing times, allowing quicker transitions for those who qualify.
  
  

O-1 as a Stepping Stone to EB-1A

Many professionals use O-1 to build their case for EB-1A. O-1 allows individuals to work on their profiles, gain additional recognition, and strengthen their EB-1A petition while remaining legally in the U.S.