EB-1A
and the National Interest Waiver

What Samper Law has published on EB-1A and the National Interest Waiver, with the date each point was accurate and a link to the analysis behind it.

Short answer

EB-1A or NIW: which is better for me?

File EB-1A if your record already shows sustained national or international acclaim at the top of your field, because the EB-1 category has shorter waits for Indian and Chinese nationals and a faster premium processing clock; file a national interest waiver (NIW) if you hold an advanced degree or exceptional ability and have a well documented plan of nationally important work, because its standard is easier to meet. If you are near the EB-1A line, or born in India or China, filing both is often the right answer.

What currently applies

Every article on this topic, newest first

Frequently asked questions

  • How much does an EB-1 or NIW lawyer cost?

    An EB-1A or National Interest Waiver lawyer typically charges a flat legal fee, quoted in writing after evaluating your record, and the Form I-140 petition adds $1,015 or $1,315 in USCIS fees (depending on the Asylum Program Fee rate), or $3,980 or $4,280 with premium processing. Adjusting status in the United States then adds $1,440 per adult and $950 per child under 14 in government fees, so a single applicant should budget about $2,455 to $6,610 in government fees and a family of four about $5,795 to $12,100, before medical exams, translations and evaluations.

  • What visa options do startup founders have?

    The main U.S. immigration paths for a startup founder are the O-1A visa for founders who can document extraordinary ability, the E-2 treaty investor visa for nationals of treaty countries who invest a substantial amount in a company they control, and two green cards the founder can file without an employer sponsor: EB-1A extraordinary ability and the EB-2 National Interest Waiver (NIW). The right choice turns on nationality, track record, capital and whether the goal is to work in the United States now, to become a permanent resident, or both, and many founders use two paths in sequence, such as an O-1A or E-2 now and an EB-1A or NIW for the green card.

    Accurate as of | From Visa Options for Startup Founders: O-1, E-2, EB-1A, and NIW

  • How long do EB-1, NIW, and investor cases take?

    Timelines depend on the category, USCIS processing times, and your country's place in the Visa Bulletin. EB-1 and NIW petitions can be decided in weeks with premium processing, where available, while the green card stage depends on visa availability for your country of birth. E-2 applications at a U.S. consulate commonly take a few months, and EB-5 cases take longer. At your consultation, Samper Law gives you a realistic timeline for your category and country.

    Accurate as of | From Frequently Asked Questions

This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.