
EB-2 National Interest Waiver
How to self-petition under the EB-2 NIW: the Dhanasar test, evidence, costs, Visa Bulletin timing and 2026 policy changes.
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EB-1 is the first-preference employment green card for people at the top of their field (EB-1A), internationally recognized professors and researchers (EB-1B), and multinational executives and managers (EB-1C). It skips PERM labor certification, and EB-1A applicants can petition for themselves without a job offer.
EB-1 is the first preference employment-based green card category. It is meant for people at the top of their field and for senior leaders of multinational companies. Because it skips PERM labor certification, a well-documented EB-1 case can move faster than EB-2 or EB-3, and as of the November 2026 Visa Bulletin it is current for applicants born outside China and India. There are three subcategories, each with its own test:

You can qualify with a one-time achievement that is a major, internationally recognized award (think of a Nobel Prize or Olympic medal). Without one, you must meet at least three of these ten criteria from the regulations:
If a criterion does not readily apply to your occupation, you may submit comparable evidence instead, with an explanation of why the standard criterion does not fit.
Meeting three criteria is only the first step. USCIS then looks at all the evidence together and asks whether you have sustained national or international acclaim and are among the small percentage at the very top of your field. This two-step approach comes from the Ninth Circuit's 2010 Kazarian decision and is built into the USCIS Policy Manual. Many denials happen at this stage, often because the evidence shows solid professional success rather than standing at the top.
You must also show you will continue working in your area of expertise in the U.S. A job offer is not required; evidence such as contracts, letters from prospective employers or a statement of plans can help.

EB-1B requires international recognition as outstanding in a specific academic area, at least three years of teaching or research experience in that area, and a qualifying job offer. The offer must be a tenured or tenure-track teaching position, or a comparable permanent research position, at a university or institution of higher education, or a permanent research position with a private employer that employs at least three full-time researchers and has documented research accomplishments.
You must meet at least two of six criteria:
As with EB-1A, USCIS then weighs all the evidence in a final merits review, and comparable evidence may be accepted when a criterion does not fit. Experience gained while earning a degree may count only in limited circumstances, such as when you taught or had full responsibility for the research.
EB-1C is often the green card path for L-1A managers and executives. The core requirements are:
"Managerial" and "executive" have specific meanings. A manager generally manages an organization, department or essential function, or supervises professional staff. An executive directs the management of the organization and sets broad goals with wide discretion. First-line supervisors of non-professional workers do not qualify. Organizational charts, staffing details and job descriptions showing who actually does the day-to-day work are central evidence. Learn more about the related temporary visa in our L-1 guide.
Since August 5, 2026, USCIS policy (Policy Alert PA-2026-05) gives officers more room to deny incomplete filings without first issuing a request for evidence, and to set shorter response deadlines. Filing a complete, organized petition matters more than ever.
As of October 2026, USCIS fees include:
Attorney fees are separate and vary widely. Check the USCIS fee guide or the fee calculator before filing.
Under the November 2026 Visa Bulletin, EB-1 Final Action Dates are current for All Chargeability, Mexico and the Philippines, 01AUG23 for China and 01FEB23 for India. Dates for Filing are current for most countries and 01JUL24 for China and India. Follow monthly changes with our Visa Bulletin tracker. People born in India or China may still wait years after approval, although an approved EB-1 often shortens the wait compared with EB-2 or EB-3.
If EB-1 looks like a stretch, consider the EB-2 National Interest Waiver, a traditional PERM-based case, or the temporary O-1 visa, which uses a similar but separate standard.
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Yes. EB-1A is one of the few green card categories that allows you to petition for yourself without an employer or job offer. You still need to show you will keep working in your field in the United States, for example with a statement of plans, contracts or letters from potential employers or clients.
You need either a one-time major internationally recognized award or evidence meeting at least three of the ten regulatory criteria. Meeting three is necessary but not sufficient. USCIS then reviews the whole record to decide whether you have sustained national or international acclaim and are among the small percentage at the very top of your field.
O-1 is a temporary work visa for people with extraordinary ability, and it requires a U.S. employer or agent. EB-1A is a green card with a somewhat higher standard focused on sustained acclaim at the top of the field. Many people hold O-1 status while preparing an EB-1A petition, but O-1 approval does not guarantee EB-1A approval.
No. L-1A status is common but not required. What matters is at least one continuous year of qualifying managerial or executive work abroad for a related company in the relevant three-year period, a qualifying corporate relationship, a U.S. employer in business for at least a year, and a managerial or executive U.S. role.
With premium processing, USCIS aims to decide EB-1A and EB-1B petitions within 15 business days and EB-1C within a longer window. The green card stage then depends on the Visa Bulletin. As of November 2026, EB-1 is current for most countries, so many applicants can file their I-485 right away, while those born in China or India wait for their dates.
Yes, and some people do. Each petition is decided separately, and an approved I-140 in either category can preserve a priority date. Filing both costs more, but may provide a fallback if one is denied. An attorney can help you weigh whether your record supports both.
As of October 2026, Form I-140 costs $715, plus an Asylum Program Fee of $600 for most employers or $300 for EB-1A self-petitioners and small employers. Premium processing is an optional $2,965, and most adults filing Form I-485 in the U.S. pay $1,440. Attorney fees are separate and vary widely.
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.