EB-1A vs. EB-2 NIW: Frequently Asked Questions

Law Offices of Metin Serbest PLLC · Last reviewed: November 2026

Short answer: Both EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) are employment-based green card paths that you can file for yourself, without an employer sponsor or a PERM labor certification. EB-1A requires sustained national or international acclaim at the highest level of your field. NIW requires an advanced degree or exceptional ability, plus a proposed endeavor that is in the U.S. national interest. For the full explainers, see our EB-1A and EB-2 NIW pages.

Do I need an employer or a job offer?

No, for either one. For EB-1A, “no offer of employment or labor certification is required” (USCIS: EB-1). For NIW, you may self-petition and do not need a labor certification. The petition must, however, include a completed Form ETA-9089, Appendix A and a signed Form ETA-9089, Final Determination (USCIS: EB-2). Both are filed on Form I-140.

Who qualifies for EB-1A?

You must show extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You can do this with a major one-time achievement (USCIS gives examples like a Pulitzer, Oscar, or Olympic medal), or by meeting at least 3 of 10 criteria. You must also show you will keep working in your area (USCIS: EB-1; 8 CFR 204.5(h)).

What are the 10 EB-1A criteria?

Under 8 CFR 204.5(h)(3), the criteria are:

1. Lesser nationally or internationally recognized prizes or awards for excellence
2. Membership in associations that require outstanding achievements of their members
3. Published material about you in professional, major trade, or major media publications
4. Judging the work of others in your field
5. Original contributions of major significance
6. Authorship of scholarly articles
7. Display of your work at artistic exhibitions or showcases
8. A leading or critical role for distinguished organizations
9. A high salary or other significantly high pay compared with others in the field
10. Commercial success in the performing arts

Meeting 3 criteria is the first step. USCIS then looks at all the evidence together to decide whether it shows sustained acclaim.

Who qualifies for EB-2 NIW?

First, you must qualify for EB-2: either an advanced degree (a U.S. degree above a bachelor’s, or a foreign equivalent; a bachelor’s plus 5 years of progressive experience counts as equivalent to a master’s) or exceptional ability (USCIS: EB-2). Then you must meet the three-prong test that USCIS applies (USCIS: EB-2; USCIS Policy Manual, Vol. 6, Part F, Ch. 5; Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)):

1. Your proposed endeavor has substantial merit and national importance.
2. You are well positioned to advance the endeavor.
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements.

How should I think about which category to consider?

Neither category is automatic, and the better fit depends on your record. EB-1A has a higher bar: acclaim at the highest level of the field. NIW focuses on your specific future work and why it matters nationally. Many researchers, engineers, physicians, and entrepreneurs consider NIW. People with major awards, press coverage, or judging roles may consider EB-1A.

What affects how long it takes to get a green card?

That depends on more than USCIS processing. Green card availability follows the State Department’s monthly Visa Bulletin, which can show different waiting times for EB-1 and EB-2 by country of birth. Check the current bulletin for your country of chargeability (for most Turkish-born applicants, “All Chargeability Areas”) before you decide.

Can my spouse and children get green cards too?

Yes. In both categories your spouse and unmarried children under 21 can generally get green cards as derivatives, through adjustment of status in the U.S. or consular processing abroad. See our Adjustment of Status and Consular Processing pages.

I am a Turkish academic, engineer, or founder. Where do I start?

Start by listing your evidence: degrees, publications and citations, awards, media coverage, judging or peer-review roles, letters, and a clear description of the work you plan to do in the U.S. That list usually shows quickly whether EB-1A, NIW, or another path (such as O-1 or EB-1B) fits better.

Do you work with Turkish-speaking clients?

Yes. The Law Offices of Metin Serbest PLLC is headquartered in Chicago and works with clients in English and Turkish. We serve clients nationwide. We meet in person at our offices in Chicago, Fort Lee, New Jersey, and Burlingame, California, at a meeting location by appointment in Washington, D.C. or Miami, or by video.

We speak English.
We speak Turkish.
We speak Kurdish.

Law Offices of Metin Serbest PLLC
1938 W Division St, Chicago, IL 60622 · 312-473-5500 · Contact us

General information, not legal advice. Reading this page does not create an attorney–client relationship. Every case depends on its own facts. Prior results do not guarantee a similar outcome. Not affiliated with USCIS or any government agency.