| Category | EB-1A | O-1A | EB-2 NIW |
|---|---|---|---|
| Overview | Immigrant visa (green card) for individuals with extraordinary ability in sciences, arts, education, business, or athletics. | Nonimmigrant visa for extraordinary ability in sciences, education, business, or athletics. | Immigrant visa for individuals whose work is in the national interest. Waives labor certification & job offer. |
| USCIS Policy Manual | Link | Link | Link |
| Green Card? | ✅ Yes | ❌ No (but dual intent; can transition to EB-1A) | ✅ Yes |
| Job Offer Required? | ❌ No | ✅ Yes | ❌ No |
| Letter of Intent Helpful? | ✅ Yes (shows ongoing work) | N/A (job offer already required) | ✅ Yes (shows feasibility of endeavor) |
| Eligibility | 1. Extraordinary ability with sustained acclaim.2. Continue work in same area.3. U.S. entry must substantially benefit the U.S. | 1. Extraordinary ability with sustained acclaim.2. Enter to continue work in same area. | 1. Advanced degree or exceptional ability.2. Pass Three-Prong Test: – Substantial merit & national importance. – Well positioned to advance. – Waiver benefits U.S. more than labor cert.3. Final merits determination (all evidence weighed). |
| Criteria Count | Meet 3 of 10 criteria (see details below). | Meet 3 of 8 criteria (see details below). | Must satisfy 3-prong test with evidence (see details below). |
EB-1A (3 of 10 required)
National/International awards.
Membership in elite associations.
Published material about your work.
Judging the work of others.
Original contributions of major significance.
Authorship of scholarly articles.
Display of work (arts).
Leading/critical role in distinguished orgs.
High salary vs. peers.
Commercial success (performing arts).
(Comparable evidence accepted.)
O-1A (3 of 8 required)