Extraordinary Ability, National Interest Waivers, and Investor Visas: How Congruence Law, P.C. Supports Self-Sponsored and Entrepreneurial Immigration Pathways

For professionals at the top of their field, innovators advancing the national interest, and investors seeking to build or grow businesses in the U.S., immigration law offers specialized paths to permanent residency or long-term authorization. At Congruence Law, P.C., we help clients pursue self-sponsored green cards, waivers of labor certification, and investor-based visas with a focus on credibility, business alignment, and long-term immigration goals.

EB-1A Extraordinary Ability Green Cards

The EB-1A immigrant visa is reserved for individuals who have achieved extraordinary ability in their field. Unlike other employment-based categories, it allows for self-petitioning—no employer sponsor is required.

To qualify, applicants must show:

• A major internationally recognized award (e.g., Nobel Prize, Pulitzer, Olympic Medal), or

• Evidence satisfying at least 3 of 10 USCIS criteria, such as:

  • Original contributions of major significance;

  • Published material about the individual;

  • High salary or remuneration;

  • Critical role in distinguished organizations;

  • Authorship of scholarly articles;

  • Judging the work of others, etc.

At Congruence Law, P.C., we help clients gather and organize compelling evidence, secure expert letters, and frame their accomplishments to satisfy the strict legal standard of “sustained national or international acclaim.”

EB-2 National Interest Waiver (NIW)

The NIW permits certain professionals to bypass the PERM labor certification process by showing that their work is in the national interest of the United States. Like EB-1A, it permits self-petitioning under the EB-2 preference category.

USCIS applies a three-part test to NIW cases:

1. The work must have substantial merit and national importance;

2. The applicant must be well positioned to advance the proposed endeavor;

3. It must benefit the U.S. to waive the job offer and labor certification requirement.

We work closely with clients in fields such as public health, climate research, education, finance, cybersecurity, and AI to build strong petitions, including industry impact narratives, letters of support, and documentation of independent recognition and implementation.

E-2 Treaty Investor Visa

The E-2 visa is available to nationals of countries with which the U.S. maintains a treaty of commerce and navigation. It permits entry and temporary residence based on a substantial investment in a U.S. business.

Key features:

• Must be a citizen of a treaty country;

• Must invest a substantial amount of capital in a real and operating U.S. business;

• The investor must control and develop the enterprise;

• Initially valid for up to 2 years, renewable indefinitely;

• Does not lead directly to a green card, but offers long-term flexibility.

At Congruence Law, we help investors develop compliant business plans, document the lawful source and transfer of funds, and prepare E-2 applications for both initial filings and renewals.

EB-5 Immigrant Investor Program

The EB-5 visa is a green card pathway for foreign investors who make a qualifying investment in the U.S. that results in job creation.

Requirements include:

• Investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA;

• Creation of at least 10 full-time U.S. jobs for qualifying workers;

• Lawful source of funds and sustained investment throughout the conditional residency period.

EB-5 applicants may invest directly or through a USCIS-designated Regional Center.

At Congruence Law, P.C., we assist with source of funds documentation, compliance with EB-5 rules, coordination with project developers, and Form I-526/I-829 filings for conditional and permanent green card stages.

Whether you’re a high-achieving professional, a mission-driven innovator, or a strategic investor, Congruence Law, P.C. offers the legal insight and personalized strategy needed to chart your path to U.S. residency.

We align our legal services with your long-term goals—helping you build your life, business, or legacy on a foundation of lawful immigration.

To explore eligibility for EB-1A, NIW, E-2, or EB-5 pathways, contact us at immigration@congruence.com to schedule a consultation.