EB1A & EB2 NIW FAQ
Get answers to the most common questions about EB1A and EB2 NIW green card applications.
What is EB1A (Extraordinary Ability)?
EB1A is a green card category for individuals who demonstrate extraordinary ability in sciences, arts, education, business, or athletics. You must show sustained national or international acclaim and meet at least 3 of 10 specific criteria, followed by a final merits determination by USCIS.
What is EB2 NIW (National Interest Waiver)?
EB2 NIW allows individuals with an advanced degree or exceptional ability to bypass the labor certification process if their work benefits the national interest. USCIS uses a three-prong test to assess eligibility: (1) your work must have substantial merit and national importance, (2) you must be well-positioned to advance the work, and (3) waiving the labor certification must benefit the U.S.
Can I self-petition for EB1A or EB2 NIW?
Yes! Both EB1A and EB2 NIW allow self-petitioning without employer sponsorship. This gives applicants greater control over their immigration process. So you can petition yourself anytime anywhere -- no need to be in the US.
What are the main differences between EB1A and EB2 NIW?
EB1A requires extraordinary ability and meeting at least 3 of 10 criteria, followed by a final merits determination. EB2 NIW requires an advanced degree or exceptional ability, plus a national interest showing under the Dhanasar test. EB1A is more selective but typically has faster visa availability; EB2 NIW is more accessible but may involve longer visa wait times depending on your country of birth.
How long does the EB1A/EB2 NIW process take?
Processing time varies. 1) I-140 Petition: Standard processing is 6–18 months. Premium Processing shortens this to 15 business days for EB1A and 45 business days for EB2 NIW. 2) Adjustment of Status or Consular Processing: After I-140 approval, it typically takes 6–12 months. However, applicants from countries like China and India may face visa backlog delays based on the monthly Visa Bulletin. EB1 generally has faster availability than EB2.
What evidence do I need for EB1A?
You need evidence for at least 3 of 10 criteria: major awards, memberships in prestigious associations, published material about you, judging the work of others, original contributions, authorship of scholarly articles, artistic exhibitions, leading roles, high salary, or commercial success in the performing arts. USCIS will then assess whether the evidence shows sustained national or international acclaim.
What evidence do I need for EB2 NIW?
You must prove you have an advanced degree (master's or higher, or bachelor's with 5 years of experience) or exceptional ability, and that your work meets the three-prong test for national interest. While publications and citations are helpful, they are not required. Other evidence may include patents, media coverage, recommendation letters, economic impact, leadership roles, and real-world implementation of your work.
Do I need a lawyer for EB1A or EB2 NIW?
Hiring a lawyer is optional. Many applicants successfully self-petition by following detailed guides and investing time in preparing a strong case. However, if your case is complex or if you prefer professional support, an experienced attorney can help maximize your chances.
What are the success rates for EB1A and EB2 NIW?
USCIS does not publish official approval rates for self-petitions. Generally, EB1A has a higher evidentiary standard and lower approval rate than EB2 NIW. Success depends heavily on how well your case is documented, the strength of your evidence, and how clearly you demonstrate your impact.
Can I apply for both EB1A and EB2 NIW?
Yes, you can file both petitions at the same time. This dual strategy increases your chances of success and allows you to move forward under whichever petition is approved first.
What happens after my I-140 is approved?
Once your I-140 is approved and your priority date is current based on the Visa Bulletin, you can file Form I-485 to adjust status (if in the U.S.) or go through consular processing abroad. You'll also need to provide supporting documents, attend biometrics, and possibly an interview.
How much does it cost to apply for EB1A or EB2 NIW?
There are two cost components. Government Fees: The standard I-140 filing fee is $715, plus a $300 Asylum Program Fee for most self-petitions. Premium Processing (optional) adds $2,805. Legal Fees: Hiring an attorney typically costs $5,000–$20,000. Self-petitioning can significantly reduce this cost.
What are common reasons for EB1A/EB2 NIW denial?
Common reasons include insufficient evidence, lack of expert support letters, unclear documentation of impact, and failure to meet the required legal standard for “extraordinary ability” or “national interest.” Thorough preparation and strong presentation are key to success.
Can I include my family in my EB1A/EB2 NIW application?
Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries. They will receive the same green card status once your application is approved and can also apply for work and travel authorization while awaiting adjustment.
How do I know if I qualify for EB1A or EB2 NIW?
Start by reviewing the official eligibility criteria and comparing them to your accomplishments. You may also benefit from our free case evaluation to determine your strengths, identify gaps, and decide which path offers the best chance of approval.
Need More Help?
If you have specific questions about your eligibility or need personalized guidance, we offer free evaluations and professional services to help you succeed.