Talent & Extraordinary Ability Visa Attorney

If your record places you near the top of your field, U.S. immigration law offers several routes that skip the labor certification and, in two of them, the employer as well. This overview covers the routes Capitol Law Partners handles, the three EB-1 green cards, the EB-2 National Interest Waiver and the two O-1 visas, each with its own page within our immigration law practice.

Our services in this area

EB-1 green card: the first preference category as a whole, covering what the three subcategories share, from Form I-140 to concurrent I-485 filing, and how to choose among them.
EB-1A green card: a self-petition for extraordinary ability in the sciences, arts, education, business or athletics, shown by a major international award or three of ten criteria and sustained acclaim.
EB-1B green card: for outstanding professors and researchers with three years of experience and international recognition. A university or qualifying research employer files and must offer a permanent position; two of six criteria are required.
EB-1C green card: for managers and executives transferring within a multinational company after a year of qualifying employment abroad in the preceding three years; the U.S. employer petitions, and the case turns on corporate structure and duties.
EB-2 NIW green card: a second preference self-petition for advanced-degree or exceptional-ability professionals whose proposed endeavor serves the national interest; no employer, job offer or labor certification is needed.
O-1A visa: a temporary work visa for extraordinary ability in the sciences, education, business or athletics. A U.S. employer or agent petitions with a peer group consultation, for up to three years plus one-year extensions.
O-1B visa: the O-1 for artists and entertainers with distinction in the arts and for motion picture and television professionals with extraordinary achievement, with O-2 status for essential support staff.

Which route fits you

Self-petition options: EB-1A and EB-2 NIW

Both can be filed without an employer. The EB-1A demands the very top of the field, but the first preference is usually more favorable under the Visa Bulletin. The NIW asks instead whether your proposed work has national importance and whether you can advance it. Many clients qualify for both and file them together.

Employer-sponsored options: EB-1B and EB-1C

The EB-1B sets a lower bar than EB-1A, but the institution files and the position must be permanent. The EB-1C does not test acclaim; it turns on the corporate relationship and on whether your duties are genuinely managerial or executive. In both, the petition belongs to the employer.

The O-1 as a bridge to a green card

The O-1A and O-1B are temporary, but they have no annual cap or lottery, and under 8 CFR 214.2(o)(13) filing an immigrant petition is not a basis for denying an O-1 petition or extension. Many clients start on an O-1 and later file an EB-1A or NIW with the same evidence, strengthened over time.

The Dhanasar test and the extraordinary ability criteria

The NIW is decided under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Your proposed endeavor must have substantial merit and national importance, you must be well positioned to advance it, and on balance it must benefit the United States to waive the job offer and labor certification. The focus is the endeavor, not a tally of credentials.

The EB-1A and O-1A test the person. Unless you hold a major internationally recognized award, you document at least three of the listed criteria, ten for EB-1A and eight for O-1A, ranging from awards and press to original contributions and critical roles. For EB-1A, USCIS then applies the Kazarian final merits determination to the whole record.

Priority dates, the Visa Bulletin and premium processing

Your I-140 filing date becomes your priority date. The Department of State's monthly Visa Bulletin shows, by category and country of birth, whether immigrant visa numbers are available. When your date is current and you are in the United States in lawful status, you can file Form I-485 with or after the I-140; applicants abroad use consular processing.

Premium processing is available in every category: USCIS commits to act within 15 business days on EB-1A, EB-1B and O-1 petitions and within 45 business days on EB-2 NIW and EB-1C petitions, by approving, denying or issuing a Request for Evidence. It does not shorten the I-485 stage.

How we evaluate your CV at the first consultation

Send us your CV with a summary of your awards, publications and citations, press, patents, funding and roles, and tell us whether an employer would sponsor you. We map that record against each category's criteria, identify which you can prove today, and ask what endeavor you would propose for an NIW. We then recommend a route and a sequence, such as an O-1 now with an EB-1A and NIW to follow, or tell you candidly that the record is not ready. Typical clients are researchers, physicians, engineers, founders, executives, artists, musicians, film professionals and athletes.

Process overview and what to bring

Consultation and CV evaluation. We identify the realistic categories and the right petitioner.
Strategy. One petition or several, in what order, and whether to request premium processing.
Evidence plan, drafting and filing. Exhibits for each criterion or prong, recommender outlines, the brief and Form I-140 or I-129, the O-1 consultation where needed, and any Request for Evidence response.
Green card stage. The I-485 or consular processing for you, your spouse and unmarried children under 21.

Bring your CV, award letters, publication and citation records, articles about you, pay records and patent or funding documents, plus corporate documents for EB-1C and the planned U.S. work for O-1.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and focuses on employment-based immigration, including EB-1, EB-2 NIW and O-1 matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent clients from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, and our Istanbul office supports clients processing at a consulate abroad.

Learn more

Start with a CV review

Send us your CV and a few lines about your plans in the United States, and we will tell you which route fits and what it would take to file. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

What is the difference between the EB-1A and the EB-2 NIW?

Both are self-petitions that need no employer or labor certification. The EB-1A requires proof that you are among the small percentage at the very top of your field, a higher standard, but the first preference category is usually more favorable under the Visa Bulletin. The NIW asks whether your proposed endeavor has national importance and whether you are well positioned to advance it. Many clients qualify for both and file them together.

Do I need an employer for any of these categories?

Not for the EB-1A or the EB-2 NIW, which you file yourself. The EB-1B must be filed by a university or qualifying research employer, and the EB-1C by the U.S. arm of a multinational company. The O-1A and O-1B require a U.S. employer or agent as petitioner, although a company you own can petition for you if it is a separate legal entity able to act as your employer.

Can I file more than one petition at the same time?

Yes. Each petition is judged on its own, and filing an EB-1A together with an EB-2 NIW, or an EB-1B through your institution alongside a self-petition, is common. Each approved I-140 gives you a priority date in its category, and you proceed on whichever becomes current first. We decide the combination and the order at the first consultation based on your record and your country of birth.

How fast is premium processing in each category?

USCIS commits to act within 15 business days on EB-1A, EB-1B, O-1A and O-1B petitions and within 45 business days on EB-2 NIW and EB-1C petitions once it receives the premium processing request. Acting means approving, denying or issuing a Request for Evidence. Premium processing does not speed up a pending I-485 or the consular stage, which depend on the Visa Bulletin and appointment availability.

Is the O-1 visa a path to a green card?

It can be. The O-1 is a temporary classification, but under 8 CFR 214.2(o)(13) filing an immigrant petition is not a basis for denying an O-1 petition or extension. Many professionals and artists begin on an O-1A or O-1B and later file an EB-1A or EB-2 NIW using the same evidence, strengthened over time. We plan that transition from the first filing so the record serves both cases.

Can a startup founder qualify for one of these routes?

Yes. A founder may be sponsored for an O-1A by a company they own if it is a separate legal entity, such as a corporation or LLC, that can act as the employer. Founders also self-petition under the EB-2 NIW, where job creation, investment and work in a priority industry support national importance, and under the EB-1A where their record shows sustained acclaim. The evidence is business-focused: funding, contracts, revenue, customers and expert letters.

What is the Visa Bulletin and why does it matter?

The Visa Bulletin is published monthly by the Department of State and shows, by preference category and country of birth, whether immigrant visa numbers are available. Your I-140 filing date is your priority date, and you can file Form I-485 or receive an immigrant visa only when that date is current. Because the first preference is often more favorable than the second, the Bulletin shapes whether we lead with EB-1 or the NIW.

What should I send for a CV evaluation?

Your CV, a list of awards with their selection criteria, your publication and citation record, links to articles about you, patents, grants or funding, roles you have held and the organizations' standing, pay information, and a short note on the work you plan to do in the United States and whether an employer or institution would sponsor you. From that we identify the realistic categories and the sequence we recommend.