The United States values experts in the areas of science, education, athletics, art, and business and provides special immigrant classifications for these individuals. This means that talented professionals at the top of their fields may qualify for these distinct classifications allowing them to directly apply for U.S. permanent residence (i.e. a “green card”) themselves. They do not require a U.S. business or U.S. employer to sponsor their green cards or any part of the application process.

The EB-1A immigrant classification is designated for foreign nationals possessing “extraordinary ability” in science, education, athletics, art, or business. “Extraordinary ability” is legally defined as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor”.

This is the highest preference immigrant classification in business immigration law, meaning the U.S. prioritizes foreign nationals who are approved in this classification. The applications require a minimum of 8-10 letters of support from other experts in the field attesting to the foreign national’s stature and accomplishments and a substantial amount of supporting documentation to bolster his/her eligibility.

Allison Ahern Fillo has assisted numerous foreign nationals to obtain approval in this classification. She is well-qualified to assess if a foreign national is eligible to be an EB-1A immigrant and can prepare a comprehensive and persuasive application.

A National Interest Waiver is an immigrant classification designated for foreign nationals who are serving an interest of the United States that has national importance. Interests of national importance typically include specific areas within advancing U.S. healthcare, the U.S. economy, U.S. infrastructure, U.S. security, and the U.S. environment. They can also include important cultural interests in music or the arts.

The foreign national applicant must show why he/she is qualified to serve the interest based on previous achievements that have a clear nexus to the national interest. The foreign national must also show why, on balance, the U.S. is better served by granting the waiver and green card compared to protecting jobs for U.S. residents through the requirement that a U.S. business sponsor the green card. This is a challenging standard.

Similar to EB-1A, National Interest Waiver applications require a minimum of 8-10 letters of support from other experts in the field attesting to the foreign national’s accomplishments and a significant amount of supporting documentation and research.