Philadelphia, PA immigration attorney Alex G. Isbell explains what a National Interest Waiver and EB-1A are. He notes that, generally, throughout the U.S. immigration system, it is nearly impossible for an individual to initiate a process on their own. For example, someone seeking a marriage-based green card needs a U.S. citizen petitioner, and those seeking a green card through employment almost always need an employer to file on their behalf.

However, he points out that there are exceptions for certain highly skilled individuals with unique abilities that can benefit the United States without threatening the U.S. labor market. In those cases, two self-petition options exist: the EB-1A for individuals of extraordinary ability and the National Interest Waiver (NIW) for those with advanced degrees (master’s or higher) who can show their work will provide a significant benefit to the U.S. economy.

He notes that EB-1A cases are typically preferable because they fall under the first-preference category, which is rarely subject to visa quotas. NIW cases, on the other hand, are second-preference and may be subject to backlogs—particularly for applicants from countries like India and China. Still, even with the backlog, obtaining an approved NIW and I-140 petition allows applicants from those countries to extend their H-1B status beyond the six-year maximum until their priority date becomes current.

He emphasizes that both EB-1A and NIW cases are incredibly valuable options for people with advanced degrees or extraordinary accomplishments, giving them the opportunity to take control of their own immigration process rather than relying solely on an employer petitioner.