EB-1A
An immigrant category for people of extraordinary ability.
What an EB-1A filing must establish
- 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, EB-2 NIW, O-1 and E-2 serve different purposes: professional standing, temporary work, permanent residence or relocation through business investment.
Indicative fee: from €8,000Preparation: from 1 month
Government processing depends on the route. The US page sets out route-specific timing.
The initial consultation with Nikita Samotsvetov is free.
Free consultationRoutes
Four categories with different immigration outcomes
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.
How the proposed endeavour is built for NIW
- 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 an O-1 petition requires
- 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 an E-2 application must show
- Your nationality qualifies under an E-2 treaty
- Funds have been committed to the business
- You will develop and direct the enterprise
Route-specific processing times
| Route | Premium processing | Standard processing |
|---|---|---|
| O-1 | 15 business days | Varies by form and USCIS service centre |
| EB-1A (I-140) | 15 business days | Varies by USCIS service centre |
| EB-2 NIW (I-140) | 45 business days | Varies by USCIS service centre |
| E-2 | Depends on the consulate | Depends on the consulate |
The Premium Processing fee for the listed forms is $2,965 from 1 March 2026. Standard times change; check the current USCIS tool for the form and service centre before filing.
Important for Russian citizens
On 21 January 2026, the Department of State paused immigrant-visa issuance to nationals of Russia and 74 other countries. Applications and interviews could continue, but final visa issuance was stopped. The measure did not cover every green-card process inside the United States and did not apply to O-1 or E-2 visas.
On 21 August, a federal district court in New York held the policy unlawful and vacated it in full. This was a first-instance federal judgment, not a decision of the US Supreme Court. The court also vacated refusals based solely on the policy.
Practical implementation remained disputed on 26 August: the plaintiffs reported a continuing operational pause and cancelled interviews. We therefore do not describe issuance as unconditionally resumed and check the position at the relevant consular post before planning an EB-1A or NIW stage.
Risks
Separate risks for EB-1A, NIW, O-1 and E-2
EB-1A
- 01
Treating the number of criteria as the final assessment
After considering the threshold criteria, USCIS assesses the record as a whole and the sustained nature of the recognition. Clear reasoning and evidence quality matter more than volume.
- 02
Using only internal evidence for achievements
Employer records can establish facts but rarely show the wider level of recognition. Public and independent sources strengthen the central claims.
- 03
Losing the individual contribution inside company success
Business growth, investment or a well-known product must be linked to the applicant's own decisions and supported by documents.
- 04
Describing future work only as a job title
The filing should show an intention to continue work in the claimed field in the United States and connect that plan with the evidenced achievements.
EB-2 NIW
- 01
Defining the proposed endeavour too broadly
An important sector does not explain the proposed activity. The tasks, delivery model, expected result and implementation horizon need to be concrete.
- 02
Substituting value to one company for national importance
A project may have substantial commercial value while still requiring a separate explanation of its scale and wider effects.
- 03
Disconnecting past achievements from the future plan
Experience and awards work more effectively when they explain why the applicant is well positioned to advance the proposed work in the United States.
- 04
Leaving resources and initial action unsupported
Partners, pilots, funding, a team and work already begun demonstrate readiness. Intentions alone provide limited support.
O-1
- 01
Failing to identify a US petitioner
O-1 does not allow self-petitioning. An employer or agent, their authority and their connection to the proposed projects must be established early.
- 02
Separating achievements from the proposed field of work
Past recognition should relate to the field in which the applicant will work in the United States. A change of focus needs a reasoned explanation.
- 03
Leaving future projects without supporting documents
Letters, agreements, an itinerary and event descriptions should demonstrate genuine work, timing and the applicant's role.
- 04
Stopping at a formal list of criteria
Meeting individual criteria does not by itself establish sustained acclaim. USCIS assesses the level of achievement and the record as a whole.
E-2
- 01
Starting before checking treaty nationality
E-2 is available to nationals of treaty countries. The principal applicant's nationality should be checked before the transaction is designed.
- 02
Failing to document the source and path of funds
The lawful source of capital and its movement from the owner into the US business should be traceable through documents.
- 03
Leaving the investment uncommitted
Funds should be invested or irrevocably committed and genuinely at commercial risk. A bank balance alone is insufficient.
- 04
Presenting a marginal business without a growth plan
The enterprise should be operating or ready to launch, and the model should demonstrate viability, the applicant's control and development beyond minimal self-support.
Project team
A US matter: strategy, petition and specialist partners
Work begins with a free initial consultation. For a paid project, Samotsvet records the route, tasks, timetable and responsibilities in writing. The team then assembles the material, reconciles facts across documents, co-ordinates specialist partners and manages the agreed filing scope.
How the agency worksPrimary sources
USCIS and Department of State rules for all four categories
For immigrant petitions, check the USCIS Policy Manual and form instructions. For E-2, also check the procedure at the relevant consulate.
USCIS: EB-1 ↗USCIS: EB-2 ↗USCIS: O-1 ↗USCIS: Premium Processing ↗US Department of State: E visas ↗US Department of State: immigrant-visa issuance pause ↗Federal district court: 21 August 2026 decision ↗CLINIC v. Rubio: case materials and implementation updates ↗US Department of State: September 2026 Visa Bulletin ↗US Department of State: nonimmigrant interview location ↗US Department of State: immigrant interview location ↗
Destination questions
What clients usually clarify before choosing a route
How do I compare O-1, EB-1A and EB-2 NIW?
We first define the required outcome and acceptable working arrangement, then assess achievement, independent recognition and the proposed US activity. The same facts carry different weight under each programme.
Does having no publications rule out a US talent route?
No. Publications may strengthen a matter, but they do not replace a review of the complete record. We also examine significant projects, measurable contribution, judging, awards, referees and other independent evidence.
Who handles the US legal work?
Samotsvet leads strategy, evidence and project management. The legal stage and matters requiring the right to practise in the United States are handled by a partner holding a current US attorney licence.
Other destinations
Compare the other three countries
Next step
Compare status, evidence and the proposed work in the United States
We will define the required outcome, the petitioner and the evidential task for each category.
Free consultation