Is the EB-1A or EB-2 NIW for you? A 101 guide to national interest and US extraordinary ability visas

Obtaining a US green card or visa is challenging—more so if you're looking for options that don't require a job offer or a company to sponsor you. But if you're an accomplished professional, scientist, artist, or entrepreneur, you may be wondering whether the EB-1A or EB-2 National Interest Waiver (NIW) could be the best route permanent residency for you.

These two self-petitioned visa options allow you to bypass traditional employer sponsorship. Once you have gained an EB visa, you can apply for a green card.

So, which of these US extraordinary ability visas is right for you? You can take our free assessment, or read on to know all the details.

Self-petitioned green cards: Who an EB-1A or EB-2 NIW are right for

In a typical employment-based green card process, a US company would sponsor you, covering the costs and filing the necessary paperwork. This process can be cumbersome or impossible if you're self-employed, and is usually a long process during which you can’t change employer.

These applications also incur a high costs for employers, so even if you have a job offer, many employers are hesitant ro commit to the long time frames and costs of processing when hiring someone who will require a visa or green card.

For professionals without a US employer or those looking to take control of their green card process, self-petitioning for a US extraordinary ability visa may be the answer. The EB-1A and EB-2 NIW are two employment-based immigrant visas that allow you to petition for yourself.

While these visas can get you in line for a US visa and later, a green card, it’s crucial to understand their requirements and timelines in order to:

• Avoid losing money in the process
• Improve your chances of success
• Speed up the application process

EB-1A vs EB-2 NIW: What's the difference?

While both the EB-1A and EB-2 NIW are valid paths to a green card for people with proof of important contributions to their industry or extraordinary ability, and can be your best route permanent residency, their eligibility requirements and processing times differ significantly.

EB-1A: Extraordinary ability green card

The EB-1A is reserved for people who can demonstrate extraordinary ability in fields such as science, arts, education, business, or athletics.

The bar is high—applicants must show they have "sustained national or international acclaim". You can qualify for this US extraordinary ability visa by receiving a major internationally recognized award such as a Nobel Prize, Pulitzer Prize, or an Academy Award, or by meeting at least three of the following criteria showing you’ve risen to the top of your field:

• Holding membership to associations that require outstanding achievements
• Having published materials about you in major media or trade publications
• Experience judging the work of others in your field
• Having made original contributions (such as research papers) of major significance
• Publishing scholarly articles in professional or trade publications
• Holding critical roles in distinguished organizations
• Receiving a high salary or remuneration in your field
• Your work being featured in artistic exhibitions or showcases
• Demonstrating commercial success in the performing arts
• Have won an award:
  • Internationally or nationally-recognized awards include an Oscar, Nobel Prize, or Olympic Medal. These awards alone can establish extraordinary ability.
  • Lesser-known, recognized prizes could be industry awards, professional honors, or significant achievements with notable recognition.

After proving these achievements with evidence—work for which you’ll need a strong legal team—your case is subject to a final merit test by USCIS. At this stage, the government assesses whether you truly have "sustained acclaim" to qualify for this type of US extraordinary ability visa.

EB-2 NIW: National interest waiver green card

The EB-2 NIW’s eligibility requirements are considered more flexible and open ended, making it accessible to more candidates that don’t meet the EB-1A’s rigid requirements. Nonetheless, it still requires proof of your impact and contributions. To qualify, you must first meet general EB-2 eligibility by having an advanced degree or its equivalent, or demonstrate exceptional ability in your field. Then, you must pass the National Interest Waiver's three-prong test:

1. Is your work of substantial merit and national importance? Your proposed work must significantly benefit the US.
2. Are you well-positioned to advance the endeavor? You need to show you have the skills and track record to achieve your goals.
3. On balance, does it benefit the US to waive the PERM requirement? Your contribution must outweigh the need for a traditional job offer and labor certification process.

Timelines: Which US green card application is faster, the EB-1A or the EB-2 NIW?

One of the key differences between these two US extraordinary ability visa is the time frame.

• EB-1A: As a first-preference visa, this often has shorter waiting times for visa availability.
• EB-2 NIW: Since this is a second-preference visa, the wait can be longer, especially for applicants from countries with high demand.

Both visas can be submitted with an extra payment for premium processing, which can expedite the review process. However, EB-2 NIW petitions typically take longer to process than the EB-1A. The former takes up to 45 business days, while EB-1A petitions can be completed in 15 business days.

It is worth mentioning that premium processing does not increase your chances of a favorable decision; premium processing only speeds up the response to your petition. Moreover, even if you pay for premium processing of the EB-2 NIW, you still have to wait 18 months for the second part of the approval process.

Is the EB-1A or EB-2 NIW right for you?

Choosing between the EB-1A and EB-2 NIW depends on your qualifications and timeline. If you're at the top of your field with a track record of national or international recognition, the EB-1A could be your best route permanent residency. On the other hand, if you can demonstrate that your work benefits a national interest of the US, but you don't meet the extraordinary ability threshold, the EB-2 NIW may be the right path for you.

Still unsure which is your best route permanent residency? Complete the Visa Match quiz or reach out to our team for a consultation.

FAQs

1. Can I apply for both the EB-1A and EB-2 NIW at the same time? Yes, you can apply for both if you meet the requirements for each category. Applying for both can increase your chances of approval, but you’ll need to pay the fees for both petitions.

2. How long does the EB-1A process take? The EB-1A process can vary depending on your country of origin and whether you opt for premium processing. With premium processing, USCIS reviews EB-1A petitions within 15 business days.

2. How long does the EB-2 NIW process take? The length of the EB-2 NIW process can also vary depending on your nationality and if you choose premium processing. With premium processing, USCIS reviews EB-2 NIW petitions within 45 business days. However, after that all nationalities are currently subject to a waiting time. When in doubt, it’s always better to start the application early.

3. Does the EB-2 NIW require a job offer? No, the EB-2 NIW does not require a job offer or an employer sponsor. For this reason, it can be the best route permanent residency if you can self-petition and prove that your work is in the national interest of the US. Note that self-petitioning does not suggest you apply without the help of a skilled attorney.

4. Can my family join me in the US if I get an EB-1A or EB-2 NIW? Yes, your spouse and unmarried children under 21 can apply to join you in the US once your I-140 petition is approved.

5. What happens if my EB-1A or EB-2 NIW petition is denied? If denied, you may have the option to appeal the decision or refile the petition with additional evidence. Working with an experienced immigration legal team can help improve your chances of approval.