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.
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
Do I qualify for EB-1A extraordinary ability?
You qualify for EB-1A if you document either a one-time major, internationally recognized award or at least three of the ten evidentiary criteria in 8 CFR 204.5(h)(3), and USCIS then concludes, looking at all of the evidence together, that you have sustained national or international acclaim and are one of the small percentage who have risen to the very top of your field. Meeting three criteria gets you to that second, final merits review; it does not by itself win the case.
Accurate as of | From The Ten EB-1A Criteria Explained, With the Evidence That Satisfies Each
Can I get a green card through NIW without a job offer?
Yes: a national interest waiver (NIW) lets you file your own EB-2 green card petition with no job offer, no sponsoring employer and no labor certification, provided you qualify as an advanced degree professional or a person of exceptional ability. You must then prove the three prongs of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016): your proposed endeavor has substantial merit and national importance, you are well positioned to advance it, and on balance waiving the job offer benefits the United States.
Accurate as of | From How the National Interest Waiver Works Under the Dhanasar Test
Every article on this topic, newest first
- GuideWhat an EB-1 or NIW Self-Petition Costs: Legal Fees, Government Fees, and the Total
- GuideVisa Options for Startup Founders: O-1, E-2, EB-1A, and NIW
- GuideEB-1A or NIW? Standards, Timelines, and Who Should File Which
- GuideHow the National Interest Waiver Works Under the Dhanasar Test
- GuideThe Ten EB-1A Criteria Explained, With the Evidence That Satisfies Each
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.
Accurate as of | From What an EB-1 or NIW Self-Petition Costs: Legal Fees, Government Fees, and the Total
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.