EB-1A vs EB-2 NIW: Which Self-Petition Pathway is Best for You? (2026)

Index

• What Is EB-1A and Who Is It For?
• What Is the EB-2 National Interest Waiver (NIW)?
• EB-1A vs EB-2 NIW: Core Differences
• When Does EB-1A Make More Sense and When EB-2 NIW?
• EB-1A and EB-2 NIW Processing Times (2025)
• EB-1A or EB-2 NIW? Final Assessment

If you are a highly skilled professional, researcher or entrepreneur planning to move your career to the United States, you have probably run into two terms again and again: the EB-1A visa and the EB-2 NIW. Many people come to us with questions like “what is EB-1A visa?” or “How does the EB-2 NIW green card work?” and are still unsure which route fits their profile or how USCIS will see their case.

Both are self-petition options: you can apply for a green card without a sponsoring employer. EB-1A is often marketed in the media as the Einstein visa and is formally an EB-1A extraordinary ability visa. EB-2 NIW is an EB-2 National Interest Waiver category, sometimes just called a niw visa or NIW green card.

They sometimes look similar from the outside, but in practice they rely on very different legal tests, evidence and strategy.

This article discusses the EB-1A eligibility criteria and the Dhanasar three-prong test for NIW, then compares typical profiles, timelines, and strategy so applicants can see which path is more realistic for their case in 2025.

What Is EB-1A and Who Is It For?

The EB-1A visa is a green card category in U.S. immigration law for people with extraordinary ability. In public discussions it is sometimes called the Einstein visa. It is reserved for individuals who have reached a very high level in a specific field and can prove it with solid, independent evidence. In practice, the core question in any EB-1A case is simple: Is this person really among the small group at the very top of their field?

EB-1A Focus: Your Career and Achievements

Unlike the EB-2 National Interest Waiver, EB-1A is built around your personal track record. The focus is not on a future project first. It is on what you have already done: your achievements, recognition and level within your field. When a USCIS officer reviews an EB-1A file, the real question is: Based on the evidence, is this person extraordinary in their field?

How Do You Prove EB-1A?

In theory there are two main paths to qualify for EB-1A:

1. One major, internationally recognized award
   This is the classic Nobel or Oscar type of situation. If you have a large, well known international prize, you often do not need to rely heavily on the rest of the criteria list.

2. A strong file that meets at least three regulatory criteria
   This is the route most applicants take. USCIS has a list of criteria. You are expected to show that you clearly satisfy at least three of them.

Typical EB-1A evidence includes, for example:

• High salary or remuneration

Proof that your pay is significantly higher than others in similar positions in your country or internationally (contracts, pay slips, tax records and similar documents).

• Awards and distinctions

Documented national or international prizes, competition results or professional awards. These are often called “lesser awards” because they are not on the Nobel or Oscar level but still show clear recognition.

• Memberships in selective organizations

Membership in academic or professional associations that require proven achievement, references or a selection process. A simple “pay your dues and get a card” membership does not count. The key is selectivity and reputation.

Depending on the profile, other criteria can also be used, such as peer reviewing or serving on juries, important publications, media coverage or original contributions that have had a clear impact.

Meeting at least three of these criteria is only the first threshold.

Final Merits Determination

The critical step in EB-1A is what USCIS calls the final merits determination. Simply ticking three boxes is not enough. The officer looks at the file as a whole and asks:

Taken together, do these achievements show that this person is really among the leading figures in their field?

At this stage, the quality and impact of the evidence matters as much as the quantity. The officer considers how visible you are in your field, how your work is used or cited and what kind of footprint you have at the national or international level.

Because of this, a good EB-1A case is not just a list of documents. It is a coherent, strategic presentation of your career.

Who Is EB-1A Typically For?

In broad terms, EB-1A is a better fit for people who have a clear, well documented “peak profile” in their area, such as:

• Academics, researchers and scientists
  with strong citation records, publications in respected journals, peer review roles and awards

• Artists, creative professionals and performers
  with major festivals, exhibitions, prizes and consistent media coverage

• Athletes
  with national team results, international rankings or experience in top professional leagues

• Senior executives and business professionals
  with leadership roles in large or influential organizations and visible recognition in their industry

• Technology founders and innovators
  with patents, high impact products or services, funded startups or similar achievements

If you can honestly say that you stand out in your field and you have plenty of concrete evidence to back that up, EB-1A is worth a serious look. It is especially strong where some of that success is visible beyond your home country.

For a more detailed overview of the evidentiary criteria, example profiles and case strategy, you can also read our dedicated EB-1A article “EB-1A Visa: An Extraordinary Path to Permanent Residency in the United States.”

What Is the EB-2 National Interest Waiver (NIW)?

The EB-2 National Interest Waiver (NIW) is a special path for people who want to obtain a green card through their work in the United States and can show that this work serves the national interest. It sits inside the EB-2 category but it operates differently from a standard EB-2 case. In a regular EB-2 green card, you need a permanent job offer from a U.S. employer and that employer must complete the PERM labor certification process.

With an EB-2 NIW, you ask USCIS to waive both the job offer and the PERM requirement. You are essentially saying: The contribution I will make in the United States is important enough that it is in the national interest to let me self-petition instead of going through the usual employer-sponsored route.

So NIW is still an EB-2 case but the EB2 NIW requirements are built around this national interest argument.

Focus of EB-2 NIW: Your Proposed Endeavor

EB-1A is mainly about your personal track record and how close you are to the top of your field. In EB-2 NIW, the central question is different: When you come to the United States, what work, project or field will you advance and how will that work serve the national interest?

Because of this, a strong EB-2 NIW green card case explains in clear terms:

• What you plan to do in the U.S. (your proposed endeavor)

• Why that work has scientific, economic, social or security value

• How that value is likely to play out at a national, rather than purely local or company level

The petition is not only about your CV. It is about how your background connects to a specific plan that matters for the country.

Basic Threshold: Advanced Degree or Exceptional Ability

Since NIW belongs to the EB-2 category, you first need to qualify for EB-2 itself. That means you must meet one of two basic conditions:

• You have an advanced degree, such as a U.S. or foreign master’s, PhD or equivalent professional degree

• Or you can prove exceptional ability in your field through education and a clearly above average record of achievement

This “exceptional ability” standard is demanding and sits below the “extraordinary ability” level required for EB-1A. EB-2 NIW is not limited to the top one percent of a field, yet it still requires a serious and consistent record of achievement.

The Three-Part NIW Test: What You Must Prove

In every EB-2 National Interest Waiver case, USCIS applies a three-part framework that comes from the precedent decision known as Matter of Dhanasar. Many people refer to this as the Dhanasar three-prong test. Your petition needs to answer three questions at the same time.

1. Is your work important and valuable?
   Your current or planned work must have substantial merit and national importance. In practice this means it should provide a clear scientific, economic or social benefit and it should have the potential to affect more than one employer or a small group of people. USCIS is looking for work that can influence a broader public or national interest.

2. Are you well positioned to advance this work?
   Here USCIS looks at your education, work experience, publications, projects, patents, collaborations and any funding or grants you have received. The question is straightforward: Does this person have the background, skills and connections to actually carry out the proposed endeavor in the United States?

3. Is it sensible to waive the job offer and PERM requirement?
   In the last step, USCIS performs a kind of balance test. The officer considers whether forcing you into a traditional job offer plus PERM process would serve the national interest less effectively than allowing a self-petition national interest waiver. You need to show that waiving the job offer and labor certification is, on balance, better for the United States.

A successful EB-2 NIW petition does not treat these three points as separate boxes to tick. It ties them together, in clear language and with concrete evidence, so that your work, your record and the national interest argument all support one another.

Examples That Make EB-2 NIW More Concrete

The legal test is easier to understand when you look at real profiles:

• Cancer researcher / medical scientist

Think of a researcher who is developing a new and original treatment for cancer or another serious disease. Work like this has clear substantial merit because it directly affects public health. It also has national importance in the United States, where outcomes, quality of care and healthcare costs are constant policy concerns.

Publications, clinical trials, research grants and formal collaborations all become concrete proof that the applicant is well positioned to move this project forward. This is a classic example of a strong EB-2 NIW for researchers profile.

• Cybersecurity specialist or entrepreneur

Now imagine a cybersecurity expert or founder who is building new tools to protect critical infrastructure, financial systems or networks tied to national defense. Cybersecurity gaps go straight to national security and economic stability, so this kind of work also supports both substantial merit and national importance.

Previous projects, white papers, patents, companies you have founded or software you have deployed can all serve as evidence that you are well positioned to advance this type of endeavor in the United States and that a national interest waiver green card is justified.

These examples are not the only ones. Renewable energy, climate technology, AI safety, critical infrastructure, public health, education and many other fields can support a strong NIW case when they are backed by the right profile and a clear plan.

For a deeper explanation of the EB2 NIW green card process, required evidence and common pitfalls, you can read our dedicated guide “EB-2 NIW Green Card: National Interest Waiver Explained (2025)”.

EB-1A vs EB-2 NIW: Core Differences

EB-1A and EB-2 NIW are frequently discussed together, but they are based on different legal standards and evidence. The table below highlights the key differences between the two.

EB-1A suits people who can already say “I am one of the leading figures in my field and I can prove it with strong, independent evidence.”

EB-2 NIW fits better when the main story is “my work provides clear scientific, economic or social value to the United States and I can describe it as a structured proposed endeavor that meets the national interest test.”

In many cases the same person could, in theory, qualify for both. Deciding which route is more strategic depends on the individual profile, the strength and timing of the evidence and current EB-1 and EB-2 Visa Bulletin dynamics.

When Does EB-1A Make More Sense and When EB-2 NIW?

Legal criteria and structural differences are one side of the story, the harder question is how they apply to a real CV. In other words, when you consider a real academic or professional profile, which way does the analysis naturally lean?

Thinking in terms of a few typical profiles makes this much clearer.

Profile 1: Academic with strong publications, citations and awards

Take an academic with a solid record of peer-reviewed publications, high citation counts, awards from respected conferences, invited talks and a well known name in their field.

For this kind of profile, EB-1A is usually the first category to review. The person already has visible, documented achievements and recognition. If the research area also ties into U.S. priorities, such as cancer research, AI safety, climate or energy, then EB-2 NIW can sit alongside EB-1A as a parallel option.

In these cases the real discussion is often not “EB-1A or EB-2 NIW?” but rather “Do we file only EB-1A, only NIW or both, and how do we sequence them?”

Profile 2: Strong professional track record but limited public visibility

At the other end of the spectrum is a technical expert with a long and serious career in industry, but little media or public exposure. Think of an engineer or specialist who has worked for years in large companies, led significant projects, managed teams and budgets, and done technically complex work, yet has few public awards or articles under their own name.

For this profile, reaching the EB-1A standard is often difficult because there is limited external recognition in the form of prizes, press or speaking invitations.

If this person has an advanced degree or can clearly document exceptional ability through years of high-level work, and if their proposed work in the United States (for example cybersecurity, health technology, financial infrastructure or energy efficiency) can be linked in a sensible way to the national interest, EB-2 NIW usually becomes the more realistic main route.

Profile 3: Impact-driven founder or startup entrepreneur

Another common case is the impact-driven founder. This is someone who has built a company to solve a specific problem, developed a product or service, secured some investment, joined accelerator programs or formed partnerships.

Here the line between EB-1A and NIW depends a lot on how far the story has already gone. If the founder and the venture can point to international awards, major press coverage and large-scale success, then EB-1A should be taken seriously as an option, because extraordinary ability is not limited to academia.

If the story is more about strong potential and growth than about fully realised, large-scale results, and the main strength lies in the scientific, economic or social value the product could bring to the United States, then a well structured EB-2 NIW case built around the proposed endeavor is often the more rational and defensible choice.

For each applicant the answer depends on a combination of factors:

There is no universal rule that says EB-1A is always better or that NIW is always safer. For each applicant the answer depends on a combination of factors:

• The individual profile and documented achievements so far

• The work they plan to carry out in the United States

• Current Visa Bulletin trends for EB-1 and EB-2 for their country of chargeability

If you want a clearer view of whether your profile is closer to EB-1A or EB-2 NIW, you can request a free initial pre-assessment.
Fill out our consultation form and a lawyer will review your background against the EB-1A and EB-2 NIW criteria, as well as current 2025 visa rules and backlogs, then suggest a strategy that makes sense for you.

EB-1A and EB-2 NIW Processing Times (2025)

When you compare EB-1A and EB-2 NIW, the legal criteria matter. Timing does too. You are dealing with two layers: how long USCIS takes to decide the I-140 immigrant petition, and how long you may need to wait under the Visa Bulletin until a visa number is available. These two factors determine how long it takes from filing your case until you can actually receive your green card.

1. I-140 Processing Times: EB-1A and EB-2 NIW

As of 2025, EB-1A (extraordinary ability) cases under regular processing often take around 6 to 12 months for an I-140 decision. The exact timing depends on the USCIS service center and its workload. With premium processing, you pay an additional fee and USCIS commits to issuing an initial decision (approval, denial, RFE or NOID) within 15 business days.

For EB-2 NIW (National Interest Waiver), regular I-140 processing generally falls in the 10 to 15 month range, again with variation from one service center to another. The premium processing service standard for NIW is 45 business days, during which USCIS aims to issue that same type of initial decision.

Premium processing shortens only the I-140 review time. It does not move your place in the visa queue and it does not automatically speed up I-485 adjustment of status or consular processing.

2. 2025 Visa Bulletin Trends

An approved I-140 on its own does not mean a green card will be issued right away. A visa number must also be current for your category and your country in the Visa Bulletin, which is updated every month.

In the December 2025 Visa Bulletin:

• For EB-1, the category is current for all countries other than China and India. If an EB-1A case is approved and all other requirements are met, there is no additional wait for a visa number for applicants from those countries.
• For EB-2, the cut-off date for the same group is 15 July 2024. Applicants with an EB-2 (including EB-2 NIW) priority date later than that must wait until the Visa Bulletin advances to their date before they can complete the green card process.

EB-1A often moves faster for qualified applicants, because premium processing is available and the EB-1 category is current in the Visa Bulletin for most countries. EB-2 NIW cases can have an I-140 approved in a relatively short time, yet many applicants still face extra months of waiting until their priority date becomes current.
 

To see the current cut-off dates by category and a breakdown of the December 2025 Visa Bulletin chart, read our article “December 2025 Visa Bulletin: Key Updates and What to Know.”

EB-1A or EB-2 NIW? Final Assessment

EB-1A and EB-2 NIW target different types of profiles. Your degree, publications, projects, leadership or startup experience, the work you plan to do in the U.S. and the 2025–2026 visa queues all play a part in that choice. If you want a clear view of your options, you can request a free initial pre-assessment through our consultation form. Your information goes directly to our team of lawyers who focus on talent-based green cards (EB-1A and EB-2 NIW) and have a strong track record in these cases; they review your background and suggest a filing strategy that matches your goals and timing.

Related resources

• EB-2 NIW Green Card: National Interest Waiver Explained (2025)

• EB-1A Visa: An Extraordinary Path to Permanent Residency in the United States

• December 2025 Visa Bulletin: Key Updates and What to Know