EB-1A & EB-2 NIW: Self-Petition Green Cards
The only US green cards you can file yourself, without an employer. EB-1A for extraordinary ability (top of your field). EB-2 NIW for work of national importance. Both offer premium processing in 15 days. Self-petition green cards are surging as workers take control of their own immigration.
EB-1A: Extraordinary Ability (10 Criteria -- Meet 3)
Two-Step Evaluation
Step 1 (Evidentiary threshold): Does your evidence meet the plain language of at least 3 criteria?
Step 2 (Final merits): Are you among the "small percentage at the very top" of the field?
EB-2 NIW: National Interest Waiver (Dhanasar Test)
Prong 1: Substantial Merit & National Importance
Your proposed endeavor must have significant value in areas such as economics, science, technology, education, culture, or public health. Must demonstrate national-level impact.
Prong 2: Well Positioned to Advance
USCIS considers 15+ types of evidence: degrees, patents, publications, citations, funding, accelerator acceptance, government grants, letters from officials. You must show qualifications, track record, and plan to succeed.
Prong 3: Balancing Test
Would it be impractical to obtain labor certification? Would the US benefit even if other workers were available? Is the national interest sufficiently urgent?
Common EB-2 NIW professions: STEM researchers (especially critical/emerging technologies), AI/ML engineers, data scientists, healthcare professionals, entrepreneurs with economic impact, academics with publication records.
EB-1A vs. EB-2 NIW vs. O-1A
| Feature | EB-1A | EB-2 NIW | O-1A |
|---|---|---|---|
| Type | Green card (permanent) | Green card (permanent) | Temporary visa |
| Criteria | 3 of 10 | Dhanasar 3-prong test | 3 of 8 |
| Employer required | No (self-petition) | No (self-petition) | Petitioner needed (agent OK) |
| PERM required | No | No (waived) | N/A |
| Standard bar | Highest ("top of field") | Moderate (national importance) | High ("extraordinary ability") |
| Premium processing | 15 days ($2,965) | 45 days | 15 days ($2,965) |
| Standard processing | 19โ22.5 months | 10.5โ26.5 months | 7.5โ9 months |
Country Backlogs (January 2026 Visa Bulletin)
| Country | Priority Date | Wait |
|---|---|---|
| All countries (except India/China) | Current | No backlog |
| India | August 1, 2023 | ~2.5+ years |
| China (mainland) | August 1, 2023 | ~2.5+ years |
Self-Petition Advantage
Fees & Costs (2026)
| Item | Amount |
|---|---|
| I-140 filing fee | $700 |
| Premium processing -- EB-1A (15 days) | $2,965 (effective March 1, 2026) |
| Premium processing -- EB-2 NIW (45 days) | $2,965 |
| I-485 Adjustment of Status (if in US) | $1,440 |
| Attorney fees (EB-1A) | $5,000 โ $15,000 |
| Attorney fees (EB-2 NIW) | $5,000 โ $12,000 |
Frequently Asked Questions
Can I really file for a green card without an employer?
Yes. Both EB-1A and EB-2 NIW allow self-petitioning. You file Form I-140 on your own behalf. No employer sponsorship, no job offer, and no PERM labor certification required.
Which is easier: EB-1A or EB-2 NIW?
EB-2 NIW generally has a lower bar. It focuses on the importance of your proposed endeavor to the US national interest, rather than proving you are at the very top of your field. However, both are subject to the same per-country backlogs.
How long does EB-1A take with premium processing?
With premium processing, USCIS will issue a decision on the I-140 within 15 calendar days. The fee is $2,965 (effective March 1, 2026). Without premium, standard processing takes 19โ22.5 months.
Am I affected by the India/China backlogs?
EB-1 priority dates for India and China are currently at August 1, 2023 (as of January 2026 Visa Bulletin), meaning a ~2.5+ year wait after I-140 approval. All other countries have no backlog and are "current."
Can I use O-1A while waiting for EB-1A?
Yes. Many people use the O-1A temporary visa to work in the US while their EB-1A (or EB-2 NIW) green card petition is pending. This is one of the most popular dual strategies, especially for Indian and Chinese nationals facing EB-1 backlogs.