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Frequently Asked Questions (FAQ)
Both EB-1A (Extraordinary Ability) under INA § 203(b)(1)(A) and EB-2 NIW (National Interest Waiver) under INA § 203(b)(2) allow foreign nationals to self-petition directly using Form I-140 without needing a U.S. employer sponsor or a PERM labor certification.
An applicant must meet at least 3 out of 10 regulatory criteria established under 8 CFR § 204.5(h)(3). Additionally, adjudicators apply the Kazarian two-step evaluation framework to conduct a final merits review.
The precedent case Matter of Dhanasar requires proving: 1) The proposed endeavor has substantial merit and national importance; 2) The applicant is well-positioned to advance it; and 3) On balance, waiving the PERM labor certification benefits the U.S.
The standard Form I-140 petition fee is $715 plus a mandatory $300 Asylum Program Fee ($1,015 total). Form I-485 Adjustment of Status costs $1,440 per adult applicant. Premium Processing (Form I-907) is available for $2,805.
Yes. Under AC21 § 106(c), if your Form I-485 has been pending for 180 days or more and your Form I-140 is approved (or approvable), you can port your Green Card process to a new employer in the same or similar occupational classification.
Because EB-2 priority date queues for India and China face severe multi-year backlogs, securing an EB-1 approval allows applicants to file Form I-485 Adjustment of Status years earlier.
Official U.S. Government References
• USCIS EB-1A Extraordinary Ability Information: uscis.gov/eb-1
• USCIS EB-2 National Interest Waiver Information: uscis.gov/eb-2
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EB-1A Advantage
If you successfully qualify for an EB-1A Green Card, you bypass the country-specific priority backlog charts. Unlike EB-2, which is heavily backlogged for Indian-born applicants, EB-1 visa numbers frequently remain current or advance faster.