8 CFR 204.5(h)(3)
You need three of ten. Most people already have four.
We build EB-1A and EB-2 NIW petitions from the record you have already earned — not from a template, and not from a promise.
McATOM consultancy is not a law firm. Nothing here is legal advice.
Statutory criteria
3 of 10 required
i
Recognised prizes or awards
ii ✔
Selective association membership
iii
Published material about you
iv ✔
Judging the work of others
v ✔
Original contributions of major significance
vi
Authorship of scholarly articles
vii
Work displayed at exhibitions
viii
Leading or critical role
xi
High salary relative to field
x
Commercial success in the arts
PETITIONS FILED
0
APPROVAL RATE
0
%
COUNTRIES SERVED
0
SINCE FIRST FILING
0
yrs
WHO IS THIS FOR
Four records that clear the bar more often than people expect.
If you have been reviewing papers, leading a function, or publishing work that others cite, you are further along than you think.
01 / Researchers
Academics & scientists
Citation records, peer review history, and grant work map directly onto criteria iv, v and vi.
02 / Industry
Engineers & specialists
Patents, internal standards you authored, and critical-role letters carry more weight than most candidates assume.
03 / Clinical
Physicians & nurses
Shortage-area work and clinical outcomes build a strong national interest argument under EB-2 NIW.
01 / Researchers
Academics & scientists
Citation records, peer review history, and grant work map directly onto criteria iv, v and vi.
02 / Industry
Entrepreneurs & Professionals
Patents, internal standards you authored, and critical-role letters carry more weight than most candidates assume.
Choosing a path
Two routes. Neither needs an employer.
Both allow you to self-petition. The difference is what you have to prove.
Employment-based, first preference
EB-1A
THE TEST
Meet 3 of the 10 statutory criteria, then survive a final merits review
Best when
Your record is documented and externally recognised — awards, citations, judging, press
Typical timeline
Under a year with premium processing, if evidence is complete.
Priority date
Generally the fastest queue of the employment categories.
Employment-based, second preference
EB-2 NIW
THE TEST
Advanced degree or exceptional ability, plus the three-prong Dhanasar national interest standard.
THE TEST
Your work has clear public benefit even without top-tier acclaim.
Typical timeline
One to two years overall, subject to country backlogs.
Priority date
Longer waits for high-demand countries.
The ten criteria in full
What USCIS actually asks for.
Reproduced from 8 CFR 204.5(h)(3). You must satisfy at least three — but which three you choose changes the entire petition.
i
Prizes and awards
Lesser nationally or internationally recognised awards for excellence in the field.
Documentry
ii
Association membership
Membership requiring outstanding achievement, judged by recognised experts.
Documentry
iii
Published material about you
Coverage in professional publications or major trade media.
third-party
iv
Judging others' work
Peer review, editorial boards, competition panels, grant committees.
third-party
v
Original contributions
Contributions of major significance to the field. The most argued criterion.
expert letters
vi
Scholarly authorship
Articles in professional journals or other major media.
documentary
vii
Artistic display
Work shown at artistic exhibitions or showcases.
arts-only
viii
Leading or critical role
A leading role for organisations with a distinguished reputation..
expert letters
ix
High remuneration
Salary significantly above others in the field, benchmarked to real data.
camparative
x
Commercial success
Box office or sales figures in the performing arts.
arts-only
How we work
Five stages, in order.
Each stage has a deliverable you can read. No stage begins before the previous one is signed off.
STAGE 01
Assess
We map your record against all ten criteria and tell you honestly which ones hold.
STAGE 02
Position
We choose the three strongest criteria and the narrative that ties them together.
STAGE 03
Evidence
We collect exhibits, brief your recommenders, and close documentation gaps.
STAGE 04
Draft
We write the petition letter and index every exhibit against the regulation.
STAGE 05
File
We assemble, review, and file — then handle any RFE that comes back.
APPROVED CASES
Records that did not look extraordinary at first.
Every case below was told, by someone, that they would not qualify.
EB-1A · Approved, no RFE
“I had a bachelor’s degree and no publications. What I did have was eleven years of standards work nobody had ever framed as evidence.”
Reliability engineer · Oil & gas · Nigeria
EB-2 NIW · Approved
“The national interest argument was built from my hospital’s readmission data. I would never have thought to use it.”
Compliance manager · Healthcare · India
EB-1A + EB-2 NIW · Both approved
“Filing both in parallel felt excessive until the EB-1A cleared first and the second became my backup.”
Reliability engineer · Oil & gas · Nigeria
Why this firm exists
My employer could not sponsor me. So I stopped waiting.
I arrived on an F-1 in 2007 and took an industry job on the promise of an EB-2 sponsorship. When the market turned, the layoffs made that promise legally impossible to keep. The door closed through no fault of my own — and no merit of my own either.
Your future should not depend on a company's fortunes. It should depend on your record.
Common questions
Before you book.
Yes. Awards are one criterion of ten, and most approved petitions we handle do not rely on it. Judging, critical role, and original contributions carry far more cases than prizes do.
EB-1A frequently completes within a year when evidence is complete, and faster with premium processing. EB-2 NIW usually runs one to two years end to end, longer if your country of chargeability is backlogged.
Yes. Filing separate I-140 petitions in both categories for the same beneficiary is permitted, and in some records it is the right strategy.
No. Both categories are self-petitioned, so there is no sponsorship to be tied to once the green card is issued.
No. Once the I-140 is approved you complete consular processing at the US embassy or consulate where you live, rather than filing an adjustment of status.
No. It establishes eligibility and locks your priority date. Permanent residence follows once a visa number is available and you complete consular processing or adjustment of status.
next step
Find out which three criteria you already meet.
A 30-minute review of your record. If you are not close, we will tell you that instead of selling you a retainer.