EB-1A
An immigrant category for people of extraordinary ability.
What the preparation depends on
- There is sustained recognition
- Achievements are supported by independent sources
- Continued work in the field is logical and can be evidenced
US
Extraordinary ability, national interest and investment
The United States — define the status first, then choose the category.
EB-1A and EB-2 NIW are immigrant categories. O-1 is a temporary visa for people of extraordinary ability, while E-2 is an investment route for nationals of treaty countries. They should not be compared solely by the amount of evidence required.
Indicative fee: from $8,000
Request a route reviewRoutes
Options we consider.
EB-2 NIW
An immigrant category for an advanced-degree professional or a person of exceptional ability whose proposed endeavour serves the US national interest.
What the preparation depends on
- The proposed work has substantial merit and national importance
- Your experience, record and resources position you to advance the work
- Waiving the job offer and labour certification requirements would benefit the United States
O-1
A temporary category for people of extraordinary ability; the petition is filed by a US employer or agent.
What the preparation depends on
- A US employer or agent can act as petitioner
- Your achievements relate to the field claimed
- Planned projects and work commitments can be documented
E-2
A non-immigrant visa based on a substantial investment in a real, operating business.
What the preparation depends on
- Your nationality qualifies under an E-2 treaty
- Funds have been committed to the business
- You will develop and direct the enterprise
Risks
What can weaken an otherwise promising application.
- 01
Treating satisfied criteria as automatic approval
A count of apparently satisfied criteria does not replace the quality of the evidence. The authorities assess the record as a whole and whether it reaches the level required by the category.
- 02
Failing to separate permanent and temporary goals
EB-1A and EB-2 NIW solve a different problem from O-1. Timing, future work, family circumstances and tolerance for uncertainty all affect the choice.
- 03
Ignoring the petitioner structure for O-1
Even a very strong professional record does not answer who can file the petition, how the projects are connected or how genuine US work will be shown.
- 04
Planning E-2 before checking nationality and funds
Treaty nationality, ownership, the source and movement of capital, and the fact that funds are genuinely at risk must be checked early.
Regulated stage
Who handles the legal work.
Legal classification, legal strategy, petition drafting, forms, filing and representation must be handled by an attorney admitted in the relevant US jurisdiction or another representative expressly authorised by law. Samotsvet handles the agreed non-legal work with facts, materials and coordination.
How our model worksPrimary sources
Check the current rules on official websites.
USCIS: EB-1 ↗USCIS: EB-2 ↗USCIS: O-1 ↗US Department of State: E visas ↗
Content checked against the official sources on 12 August 2026. Requirements may change.
Next step
Review the matter as a whole, not one criterion at a time.
We will establish the goal, review the starting position and set out an evidence preparation plan.
Request an initial review