When pursuing a U.S. green card based on merit, two powerful self-petitioned categories stand out: the EB1A for individuals of extraordinary ability and the EB2 NIW (National Interest Waiver). Both allow applicants to bypass the need for employer sponsorship, but they differ significantly in terms of requirements, difficulty, and benefits.
This guide compares the EB-1A and EB2-NIW to help you determine which option best fits your background and goals. Remember we have a course dedicated to breaking down the requirements for both categories and help you identify opportunities to build a stronger profile.
Understanding the EB-1A Green Card
The EB-1A immigrant visa is intended for individuals who have reached the very top of their field. It applies to professionals in the sciences, arts, education, business, or athletics who have sustained national or international acclaim.
To qualify, applicants must prove they are among the small percentage who have risen to the top of their field and intend to continue their work in the U.S.
Key Features of EB-1A
- No job offer or employer sponsorship required
- Self-petition is allowed
- Premium processing is available
- Green cards are generally current in the Visa Bulletin (especially outside India/China), which means the process is shorter than in other categories.
- Very high standard of proof: applicants must show they are recognized at a national or international level
EB-1A Eligibility Criteria
To qualify, you must either:
- Have a major, internationally recognized award (e.g., Nobel Prize), or
- Meet at least 3 of the following 10 criteria outlined in the USCIS Policy Manual:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations in the field that demand outstanding achievement of their members
- Published material about you in professional or major trade publications or major media
- Participation as a judge of the work of others in the same or a related field
- Original contributions of major significance to your field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Artistic exhibitions or showcases (for artists and designers)
- Leading or critical role for distinguished organizations
- High salary or remuneration compared to others in the field
- Commercial success in the performing arts (box office, record sales, etc.)
You must also prove that you will continue working in your area of expertise and that your entry will benefit the U.S.
What Is the EB-2 NIW?
The EB-2 NIW (National Interest Waiver) is part of the EB-2 green card category but allows applicants to bypass the labor certification (PERM) and job offer requirements if their work benefits the United States significantly.
It is an excellent option for researchers, academics, entrepreneurs, and other professionals whose work has clear national importance.
Key Features of EB-2 NIW
- No employer required; you can self-petition
- Lower evidentiary threshold than EB-1A
- Ideal for professionals with an advanced degree or exceptional ability
- Premium processing is now available (since early 2023)
- Subject to visa backlogs depending on your country of chargeability
To qualify, you must first meet the basic EB-2 requirements:
- Hold an advanced degree (master’s or higher) or a bachelor’s degree plus five years of experience, or
- Demonstrate exceptional ability in your field
NIW Three-Prong Test (Matter of Dhanasar)
To be granted a National Interest Waiver, you must demonstrate that you meet the 3 prongs of the Dhanasar legal precedent that governs this subcategory of green cards:
- Your proposed work has substantial merit and national importance
- You are well positioned to advance the endeavor
- It would benefit the U.S. to waive the job offer and labor certification requirements
EB-1A vs. EB-2 NIW: A Side-by-Side Comparison
These two green card categories display some similarities and some differences.
Let’s start with the similarities. Both of them allow the applicant to petition without having a company sponsoring them (without a job offer in the USA). Similarly, both of them confer permanent residency, and allow the successful candidate to live and work in the USA indefinitely if certain basic requirements are met during the stay.
Immediate family members (spouse and unmarried children younger than 21) will also achieve permanent residency status together with the principal applicant.
The types of forms that one must submit to USCIS are similar between categories, although the supporting evidence may be different in each process.
However, there are key differences between them, such as the highest standard in EB-1A, which translates in a more difficult approval process. This also translates into shorter wait times for the EB-1 category compared to NIW, which suffers from longer backlogs derived from the visa bulletin.
Table: Comparison between EB-1A and EB-2 NIW green card categories
| Factor | EB-1A | EB-2 NIW |
| Category | First Preference | Second Preference |
| Job Offer / Labor certification Required? | No | No |
| Self-Petition Allowed? | Yes | Yes |
| Family members included? | Yes, immediate relatives | Yes, immediate relatives |
| Evidence Standard | Very high (“extraordinary ability”) | Moderate (advanced degree or “exceptional ability”/national importance) |
| Visa Bulletin Wait Times | Often current (shorter wait times) | May have backlogs for some countries |
| Common Applicants | Internationally recognized experts | Researchers, doctors, entrepreneurs, engineers |
Which Green Card Option Should You Pursue?
If you have strong, high-level achievements and can clearly document national or international recognition, the EB-1A is the faster and more prestigious option. It’s especially attractive if you need quick processing and your country of birth has visa backlogs under EB-2. Since the end of 2022 the EB2 category has suffered from delays due to the visa bulletin, because demand for this type of visa has increased. The EB1 category, since it is more difficult to attain, still enjoys faster processing.
If your work is impactful and aligns with U.S. national interests—but you don’t yet meet the EB-1A threshold—the EB-2 NIW is often the better starting point. It’s more accessible, especially for early-career professionals or those making a difference through research, entrepreneurship, or public service. It also allows you to get a priority date (PD) that could be potentially used for another class of employment-based green card (such as EB-1A) in the future.
Some applicants choose to apply under both categories simultaneously to maximize their chances. Each petition is reviewed by USCIS independently and they do not conflict with each other.
Final Thoughts
The EB-1A and EB-2 NIW are both powerful self-petition pathways to a U.S. green card. The right choice depends on your background, recognition level, and long-term plans. Regardless of the path, a well-prepared petition that clearly articulates your impact and potential is essential.
Ready to Start Your Petition?
If you’re ready to explore self-petition options under EB-1A or EB-2 NIW, we’re here to help.
At Oscar’s Green Card we have developed specialized resources for Do-It-Yourself petitioners. You can find multiple tools at your disposal throughout this website, among which we highlight the following online courses:
- EB-1A online course: A course to help you in preparing a DIY petition in the first green card category for Extraordinary Ability
- EB-2 NIW online course: A course to teach you how to put together a DIY application in the National Interest Waiver category.
- Introduction and profile building course: If you are still unsure of which category you need to target, this course will help you navigate that dilemma so you can take the best decision for yourself and your family.
