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EB-2 NIW and EB-1A: green cards based on achievement

EB-2 NIW and EB-1A green cards you can petition for without an employer: the national interest waiver, and extraordinary ability.

  • $715 on paperForm I-140 filing fee; $665 online [5]
  • 3 of 10EB-1A criteria to meet, unless there is a major award
  • 15 business daysUSCIS action on EB-1A Form I-140 with premium processing [6]

01

Is this the right route?

EB-1A needs a one-time major international award or evidence in 3 of 10 criteria, then a final merits review of all the evidence, as the USCIS Policy Manual describes it on 16 October 2026. EB-2 NIW needs an advanced degree or exceptional ability and the three-part Matter of Dhanasar test. Neither needs a job offer. Form I-140 costs $715 on paper or $665 online, plus a $300 Asylum Program Fee for a self-petitioner.

Who it's for Researchers, founders, athletes and artists with a strong record, and advanced-degree holders with a nationally important plan (NIW).

Key requirements

  • EB-1A: a one-time major award, or 3 of 10 criteria
  • Then a final merits review of all the evidence
  • NIW: advanced degree or exceptional ability, plus the 3-part Dhanasar test
  • No job offer or labor certification; you can self-petition

02

How it works

  1. Assess your evidence against the ten criteria or the three Dhanasar prongs.

  2. Gather letters, publications, citations, awards and proof of the proposed endeavor.

  3. File Form I-140 with USCIS, with premium processing if useful.

  4. When your date is current, apply for the green card by adjustment of status in the U.S. or at a consulate abroad.

Typical times

  • Form I-140 with premium processing, EB-1AUSCIS acts within 15 business days [6]
  • Form I-140 with premium processing, EB-2 NIWUSCIS acts within 45 business days [6]
  • Form I-140 without premium processingVaries by service center (USCIS processing-times tool)
  • EB-1, October 2026 dates for filing, born outside China and IndiaCurrent [7]
  • EB-1, born in China or IndiaPriority date before 1 July 2024 [7]
  • EB-2 (including NIW), most countries including TurkeyPriority date before 15 March 2026 [7]
  • EB-2, born in China / born in IndiaBefore 1 January 2023 / before 15 January 2015 [7]

Note 1

03

What it costs

  • $715 on paper [5]Form I-140 filing fee$665 online
  • $300 self-petitioner or small employer [5]Asylum Program Fee$600 other employers; $0 nonprofit
  • $2,965 [5]Premium processing, Form I-907 (optional)
  • $1,440 on paper [5]Form I-485, adjustment of status in the U.S.$1,390 online
  • $260 [5]Form I-765 work permit while Form I-485 is pending
  • $630 on paper [5]Form I-131 advance parole while Form I-485 is pending$580 online
  • $345 [8]Immigrant visa application fee at a consulate (employment-based), per person
  • $235 [5]USCIS Immigrant Fee (consular cases, after the visa is issued)

Note 2

04

EB-1A and EB-2 NIW: questions people ask

What are the EB-1A requirements?

EB-1A requirements are a one-time major international award or evidence that meets at least 3 of 10 USCIS criteria. USCIS then weighs all the evidence together in a final merits review. An attorney at Merit Law LLP in Houston reviews your evidence against each criterion.

What are the EB-2 NIW requirements?

EB-2 NIW requirements are an advanced degree or exceptional ability, plus the three Matter of Dhanasar prongs: substantial merit and national importance, you are well positioned to advance the endeavor, and waiving the job offer benefits the U.S. No job offer is needed. An attorney reviews each prong.

How long does EB-2 NIW processing take?

EB-2 NIW processing time for Form I-140 varies by service center. With premium processing, USCIS acts within 45 business days (fee $2,965 as of 16 October 2026). The green card step can take longer: the October 2026 chart needs an EB-2 priority date before 15 March 2026 for most countries.

How much does an EB-2 NIW cost?

The EB-2 NIW government fee for Form I-140 is $715 on paper or $665 online, plus a $300 Asylum Program Fee for a self-petitioner, as of 16 October 2026. Premium processing is an optional $2,965. The green card step adds fees. Attorney fees are quoted after a first conversation.

Which is better, EB-1A or EB-2 NIW?

EB-1A or EB-2 NIW depends on your evidence. EB-1A asks for sustained acclaim at the very highest level of your field. NIW asks for a nationally important endeavor plus an advanced degree or exceptional ability. Some people file both, and EB-1 is current for most countries in October 2026. An attorney reviews which fits.

05

Who handles your case

We check which path your evidence supports more strongly, whether to file one or both, and how the Visa Bulletin affects your timing.

  • Portrait of Nora Busra Turan

    Nora Busra Turan

    Partner · Attorney

  • Portrait of Beyza Candelen

    Beyza Candelen

    Attorney

Documents to prepare
  • Evidence for each EB-1A criterion: award rules and winners, membership rules, articles about you (title, date, author), judging invitations, publications with citation data
  • Letters from independent people in your field that describe specific contributions and their impact
  • For NIW: a clear description of the proposed endeavor, a business or research plan, and evidence of national importance (funding, adoption, interest from government agencies)
  • Diplomas and transcripts; for NIW, proof of the advanced degree or of exceptional ability
  • Pay records compared with wage data for your field and location
  • Certified English translations of Turkish documents, including press coverage and diplomas
  • Passport and birth certificate; for family members, marriage and birth certificates
Common reasons for refusal or delay
  • Evidence that meets 3 criteria on paper but, read together, does not show sustained acclaim at the final merits step.
  • Published material that mentions you only in passing.
  • An NIW endeavor described only by job title, or with benefits only for one employer.
  • General statements that a profession or an industry matters, without evidence for your own endeavor.
  • Letters that praise without specifics or independent support.
  • For adjustment of status, USCIS memo PM-602-0199 of 21 May 2026 tells officers that adjustment is discretionary and extraordinary relief, so status history matters; holding a dual-intent status is not by itself inconsistent with filing.
When this is not the right route
  • Your recognition is still building: an O-1 or H-1B may come first.
  • An employer will sponsor you for a specific job: EB-2 or EB-3 through PERM labor certification may be an option.
  • A Turkish investor with a business plan rather than a research or innovation endeavor: compare E-2 and EB-5.
Full details

Who this is for

  • Researchers, scientists, founders, athletes and artists with a strong record of achievement.
  • Advanced-degree holders and professionals whose proposed work has national importance, for NIW.
  • People who want to petition on their own, without a U.S. employer.

Key requirements

  • EB-1A: evidence of a one-time major, internationally recognized award, or of at least 3 of 10 criteria. Comparable evidence is allowed if a criterion does not readily apply.
  • The ten EB-1A criteria: lesser national or international prizes; membership in associations that require outstanding achievement; published material about you; judging others' work; original contributions of major significance; scholarly articles; display of your work at artistic exhibitions or showcases; a lead or critical role for distinguished organizations; a high salary compared with others in the field; commercial success in the performing arts.
  • Final merits determination: USCIS then reviews all the evidence together and decides whether you have sustained national or international acclaim and are among the small percentage at the very highest level of the field.
  • You must also show you will continue to work in your field and that your work will substantially benefit the U.S.
  • EB-2 NIW: an advanced degree or exceptional ability, and the three Dhanasar prongs: the endeavor has substantial merit and national importance; you are well positioned to advance it; and on balance, waiving the job offer and labor certification benefits the U.S.
  • Both start with Form I-140. The green card follows by adjustment of status or an immigrant visa when your priority date is current.

What to check with an attorney

  • Which criteria are met, and whether the record holds up at the final merits step.
  • Whether the NIW endeavor is specific, with evidence of national importance beyond one employer.
  • Visa Bulletin dates for your country of birth; China- and India-born applicants wait longer.
  • Whether an O-1 or another status should cover the waiting time.
Sources and review date

Official sources:

  1. USCIS: Employment-Based Immigration, First Preference EB-1
  2. USCIS Policy Manual, Vol. 6, Part F, Ch. 2: Extraordinary Ability
  3. USCIS Policy Manual, Vol. 6, Part F, Ch. 5: Advanced Degree and NIW
  4. 8 CFR 204.5
  5. USCIS: Fee Schedule, Form G-1055 (edition 10/16/26)
  6. USCIS: How Do I Request Premium Processing?
  7. USCIS: When to file adjustment applications, October 2026
  8. 22 CFR 22.1: State Department visa fees
  9. USCIS policy memo PM-602-0199 (21 May 2026)

What changed: listed the ten EB-1A criteria and the final merits step as USCIS describes them today, the Dhanasar test, 2026 fees, premium-processing times, October 2026 Visa Bulletin dates and the May 2026 adjustment memo.

Which visa fits your employee or your investment?

Eleven U.S. visa and green-card paths, narrowed by a few questions about your employee or your investment.

Find the right route

Thinking about EB-1A or NIW? Start with your record.

Monday to Friday, 8:00 a.m. to 5:00 p.m., office local time. We reply in English, Turkish and Chinese.

Notes

  1. These are the Dates for Filing that USCIS says to use for adjustment applications in October 2026. They change every month and differ from the Final Action Dates. A request for evidence stops the premium-processing clock until USCIS receives the response. Typical times per USCIS. ↑
  2. Form I-485 for a child under 14 filing with a parent costs $950 on paper or $900 online. The medical exam form (I-693) has no USCIS fee; the civil surgeon charges separately. Attorney fees are quoted after a first conversation. ↑
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