EB-1 & NIW Petitions

Translating Achievements into Further Opportunities

We provide services to accomplished individuals with exceptional or extraordinary abilities in sciences, arts, education, business, or athletics, who seek U.S. permanent residency.

Foreign Nationals of Extraordinary Abilities EB-1-1

USCIS has defined extraordinary ability as a level of expertise such that the foreign national is one of “that small percentage who have risen to the very top of the field of endeavor.” Although the foreign national can have an employer or potential employer to file the employment petition in this category, the foreign national can also self-petition. There is no need for a labor certification in EB-1-1 category. As supporting documentation, the foreign national must submit that she or he will continue to work in the United States in his or her area of expertise. This category is a good fit for scientists, athletes, artists, and performers.

The National Interest Waiver (NIW)

EB-2 petitioners can avoid the sometimes time-consuming and burdensome labor certification process by demonstrating that the foreign national should be granted a “national interest waiver”. When a national interest waiver is involved, the foreign national can “self-petition,” without the involvement of an employer. In NIW petitions, the foreign national must show that his/her work is in an area of “substantial intrinsic merit”, is national in scope, and serves the national interest to a greater extent than labor certification requirements.

How We Can Help

You can email your CV to info@fattahi-law.com for an initial evaluation. If we see a good potential in your case, we will contact you in 1-2 business days.

In an EB-1-1 or NIW case, we will:

  • advise you on strategies to enhance your credentials for increasing your chances of eligibility;
  • conduct a thorough analysis of your area of expertise to highlight your achievements in the field;
  • draft an initial outline and edit strong reference letters to support your petition;
  • guide you in preparation of necessary documents;
  • file the petition and required documents with the USCIS;
  • respond to any subsequent USCIS request for evidence, if necessary;
  • and walk you through the final stages of obtaining a green card, either via adjustment of status or consular processing.