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USCIS Policy Manual / Matter of Dhanasar Reference

USA EB-1A & EB-2 NIW Self-Petition Strategy Guide

Informational guide to potential U.S. employment-based self-petition pathways — Matter of Dhanasar, EB-1A evidentiary criteria, Form I-140 preparation, and premium processing rules.

Self-Petition Profile Self-Assessment Tool

Informationally screen potential evidence for EB-1A or EB-2 NIW self-petitioning. This tool is not a USCIS eligibility or approval determination.

Optional supporting metric; USCIS does not prescribe a citation-count threshold for EB-1A or NIW eligibility.

Matter of Dhanasar 3 Prongs Breakdown

ProngLegal RequirementKey Evidence Examples
Prong 1Proposed endeavor has substantial merit and national importanceEvidence concerning the specific proposed endeavor, prospective impact, and national importance.
Prong 2Applicant is well-positioned to advance the endeavorEducation, skills, knowledge, record of success, citations, patents, leadership roles.
Prong 3Beneficial to U.S. to waive job offer & labor certificationProspective benefits, limitations of labor cert process, petitioner qualifications.
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Official Guidance Links
USCIS EB-2 NIW Official Page

Frequently Asked Questions (FAQ)

Yes. EB-1A permits qualifying individuals to self-petition on Form I-140 without a job offer or labor certification. EB-2 NIW also permits self-petitioning, but the petitioner must first establish the underlying EB-2 classification as an advanced-degree professional or person of exceptional ability, and then establish eligibility for the National Interest Waiver under the applicable legal framework.

Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a petitioner seeking an NIW must establish: 1) the proposed endeavor has substantial merit and national importance; 2) the petitioner is well positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job-offer requirement and therefore the labor-certification requirement. The underlying EB-2 classification must also be established.

Under the two-step framework described in Kazarian v. USCIS, 596 F.3d 1115, USCIS first evaluates whether the petitioner has established a qualifying one-time achievement or at least 3 of the 10 regulatory evidentiary criteria, and then conducts a final merits determination based on the totality of the evidence to determine whether the statutory extraordinary-ability standard is met.

For a self-petitioner, the Form I-140 filing fee is $715 plus the $300 Asylum Program Fee, for $1,015 total. Premium Processing (Form I-907) for an eligible I-140 is an additional $2,965 as of March 1, 2026, providing USCIS action within 15 business days for an EB-1A or NIW I-140 petition.

Yes. USCIS provides Premium Processing service (Form I-907) for both EB-1A and EB-2 NIW Form I-140 petitions. Adjudication takes place within 15 business days upon payment of the $2,965 fee.

Yes. A person may file separate EB-1A and EB-2 NIW petitions when independently eligible. Each petition receives its own priority date upon filing, and approval of one petition can allow retention of that priority date under USCIS rules.
Official USCIS Policy Guidance

• USCIS Policy Manual Volume 6 (EB-1A Extraordinary Ability): uscis.gov/policy-manual/volume-6-part-f
• USCIS Policy Manual Volume 6 (EB-2 National Interest Waiver): uscis.gov/policy-manual/volume-6-part-f-chapter-5