EB-1A vs. EB-2 NIW: Which Work-Based Green Card Is Right for You?
If your goal is to live and work in the United States long-term without worrying about visa renewals, two of the most advantageous options are the EB-1A and the EB-2 NIW (National Interest Waiver). Both are designed for people whose work makes a meaningful impact, and both allow you to apply for a green card without employer sponsorship. This guide breaks down the similarities and differences between these two categories to help you determine which one best fits your background.
Please note that we refer to permanent residency using the conversational term “green card.” An EB-1A or EB-2 NIW approval is the first step toward getting a green card.
Our blog posts are meant to share general information, not legal advice.
Understanding Employment-Based Green Cards
The EB-1A and EB-2 NIW are two of the main employment-based immigration categories, each designed for professionals whose work benefits the United States. “EB” stands for employment-based.
Both categories require filing an I-140 petition with U.S. Citizenship and Immigration Services (USCIS). Once approved, you receive a priority date, which is your place in line for the final step in the process. Your petition category and your country of birth determine the priority date.
When your priority date becomes current, you can file Form I-485, known as adjustment of status, to change from a temporary visa (if you have one) to permanent residency.
The EB-1A and EB-2 NIW both allow you to self-petition—meaning you don’t need an employer to sponsor you—and skip the labor certification process (PERM), which can otherwise add months to the timeline.
EB-1A: Extraordinary Ability
Who It’s For
The EB-1A is designed for individuals who can demonstrate extraordinary ability in a variety of fields, including the arts, sciences and business. It’s an excellent fit for professionals whose achievements place them at the top of their field, such as founders, executives, researchers, or artists.
Key Benefits
- No employer sponsorship required. You can self-petition instead.
- No labor certification (PERM) needed, which can add months to the process otherwise.
- Premium processing available with a guaranteed decision within 15 calendar days.
- It can be filed whether you’re in the U.S. or abroad.
Eligibility Criteria
USCIS uses a two-step process to evaluate EB-1A petitions.
Step 1:
You must establish that you either have a major, internationally recognized award (such as a Nobel Prize, Pulitzer, or Olympic Medal), or provide evidence that you meet at least three of the following criteria:
- Nationally or internationally recognized awards.
- Membership in associations that require outstanding achievement (such as selective accelerator programs like YC and Techstars).
- Press or media coverage about your work in major media outlets (for example, WSJ, Forbes).
- Judging the work of others (such as mentoring or peer review).
- Original contributions of major significance (disruptive technology or wide user adoption).
- Scholarly articles.
- Critical employment in a distinguished organization (such as CXO or founder roles).
- High remuneration (salary or equity) compared to peers.
- Exhibitions, showcases, or commercial success (arts/performance fields).
- Comparable evidence of extraordinary ability.
Step 2:
USCIS performs a “totality test,” meaning they review all of your evidence together to decide if it rises to the level of “extraordinary ability.”
Example: A startup founder featured in Forbes and TechCrunch, with patents and venture funding, could qualify under EB-1A.
EB-2 NIW: National Interest Waiver
Who It’s For
The EB-2 NIW (National Interest Waiver) is intended for professionals whose work benefits the United States as a whole in areas such as science, healthcare, technology, or economic development.
Key Benefits
- No employer sponsorship required. You can self-petition instead.
- No labor certification (PERM) required, which can add months to the process otherwise.
- Premium processing is available with a decision in 45 calendar days.
- Can be filed from within the U.S. or abroad.
- Compatible with ongoing nonimmigrant status (O-1, H-1B, etc.).
Eligibility Criteria
You must demonstrate both professional qualification and national interest.
Professional Qualification
You hold an advanced degree (master’s or higher, or equivalent foreign degree) or a bachelor’s degree with at least five years of progressive post-bachelor work experience. Alternatively, you can show exceptional ability in your field by meeting at least three of the following criteria:
- Degree, diploma, or certificate from a university.
- 10+ years of full-time work experience.
- License or certification.
- High remuneration.
- Membership in professional associations.
- Recognition or awards.
National Interest Waiver
You must also show that your work in the U.S. meets all three criteria below:
- Your work has substantial merit and national importance.
- You are well positioned to advance that work.
- Waiving the job offer requirement would benefit the U.S.
Example: A biotech founder developing faster diagnostic tools for infectious diseases, or an engineer improving renewable energy systems, could both be strong EB-2 NIW candidates.
EB-1A vs. EB-2 NIW: Key Differences
| EB-1A | EB-2 NIW | |
|---|---|---|
| Typical applicant | Internationally recognized experts, founders, researchers, artists | Professionals with impactful U.S.-focused work |
| Premium processing | Yes – decision in 15 calendar days | Yes – decision in 45 calendar days |
| Approval rates | Lower (stricter standards) | Higher (broader eligibility) |
| Employer sponsorship required? | No | No |
| Self-petition allowed? | Yes | Yes |
Both categories lead to permanent residency but differ in the type of evidence required. EB-1A focuses on extraordinary individual achievements and recognition, while the EB-2 NIW centers on work that advances U.S. national interests.
How to Decide Which Is Right for You
If your professional record includes awards, press coverage, or leadership roles, the EB-1A may be the better fit. If your work has clear societal, scientific, or economic impact, but your recognition is still growing, the EB-2 NIW might be the more strategic path.
How Porttus Simplifies the Process
Understanding eligibility or deciding which path to take can be complicated. Porttus has supported clients across a range of industries — from founders and engineers to artists and even professional car racers — helping them achieve permanent residency with confidence. We know how to translate your experience into legal evidence that meets USCIS requirements.
With a user-friendly platform, Porttus helps professionals organize their petition materials and generate supporting documents, all with the support of licensed U.S. immigration attorneys.
Conclusion
The EB-1A and EB-2 NIW are two of the most flexible and advantageous permanent residency categories for professionals who want to make the U.S. their long-term home. Both allow you to self-petition, skip the labor certification process, and demonstrate your value based on your own achievements.
Whether you’re just beginning your career in the U.S. or already established in your field, your work may already qualify you for permanent residency.
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