High-Skilled Immigration

If you are building a career in the United States on a work visa, you may have more options than your employer has told you about. EB-1A and EB-2 National Interest Waiver petitions allow qualified researchers, physicians, scientists, engineers, founders, executives, entrepreneurs, software developers, and other accomplished business professionals to pursue permanent residence on their own terms. You file for yourself based on your merits, without the need for your employer’s involvement. Your green card is yours, not dependent on your employer’s job offer or sponsorship.

Why Goel & Anderson?

• Attorney oversight on every case: Your attorney is involved from evaluation through filing. You have direct access throughout the engagement to discuss strategy, review materials, or address any questions.
• Strategic letter guidance: Your attorney provides strategic guidance on the content and framing of reference letters to ensure they are aligned with the evidentiary requirements of your petition. The engagement typically involves five to six reference letters per I-140 filing, plus an attorney petition support letter.
• Strategy built for your profile: Academic and research cases follow a more established evidentiary framework. Industry and professional profiles require a more custom approach. Our fees and strategy reflect that difference.
• Quality over volume: We take on cases we believe in and build each one carefully. Our focus is on delivering results, not processing the highest number of cases.
• Transparent, predictable fees: All fees are flat and disclosed upfront — no hourly billing, no surprise invoices. EB-1A and NIW petitions start at $5,000 for academic profiles and $9,000 for industry profiles. You know exactly what you’re paying before you start.
• Concurrent filing discount: For concurrently filed EB-1A and NIW petitions, one reference letter phase serves both — at a bundled price that saves you money compared to filing separately.
• Full-fee-upfront structure: We collect the full legal fee at retention for I-140 filings. For RFE responses and refilings, the full fee is collected at the outset of that matter. Your engagement moves from start to filing without billing interruptions.

EB-1A vs. EB-2 NIW — which is right for you?

Both pathways lead to permanent residence without employer sponsorship. The right choice depends on your record, your country of birth, and your timeline. Many clients pursue both concurrently.

EB-1A vs. EB-2 NIW Comparison

• Legal standard:
  • EB-1A: Sustained national or international acclaim; one of a small percentage at the very top of your field
  • EB-2 NIW: Proposed endeavor of substantial merit and national importance; well-positioned to advance it; U.S. interest in waiving job offer requirement (Matter of Dhanasar, 2016)
• Degree requirement:
  • EB-1A: N/A
  • EB-2 NIW: Advanced degree (Master’s or equivalent) or exceptional ability
• Self-petition:
  • EB-1A: Yes
  • EB-2 NIW: Yes
• Job offer required:
  • EB-1A: No
  • EB-2 NIW: No
• Visa preference & priority date:
  • EB-1A: EB-1 (first preference). Check the current Visa Bulletin for priority date availability.
  • EB-2 NIW: EB-2 (second preference). Check the Visa Bulletin for current availability by country of birth.
• Difficulty:
  • EB-1A: Generally higher bar — requires demonstrating acclaim at the top of your field
  • EB-2 NIW: Different standard — focused on national interest value of your work, not solely on past acclaim
• Can I file both? Yes — filing both concurrently is permitted and often strategically advantageous.

Self-petition: what it means and why it matters

EB-1A — extraordinary ability

• Can be filed by the individual (self-petition)
• No job offer required
• Approved petition is not tied to a specific employer

EB-2 NIW — national interest waiver

• Can be filed by the individual (self-petition)
• No job offer required
• Approved petition is not tied to a specific employer

EB-1B — outstanding researcher or professor

• Must be filed by an employer — self-petition not available
• Requires a specific job offer from a qualifying employer
• G&A handles EB-1B through employer-sponsored engagements, not this individual practice

EB-2 & EB-3 — PERM-based

• Employer sponsorship required — self-petition not available
• Requires PERM labor certification filed by the employer
• Petition is tied to the sponsoring employer and the specific position

The self-petition advantage. For EB-1A and NIW, the ability to file without employer involvement is a significant advantage for many foreign nationals. You are not dependent on your employer’s willingness to sponsor you, their timeline, or their continued employment of you. An approved I-140 petition remains valid even if you change jobs or are laid off.

How a case typically progresses

1. Free case evaluation: Submit your CV and background. An attorney reviews and follows up.
2. Retention & strategy discussion: Client signs engagement letter and deposits full legal fee into client trust account. Attorney conducts paid strategy discussion.
3. Reference letters: Attorney provides strategic guidance on reference letters in two phases. Occurs alongside step 4.
4. Supporting documents: Client gathers supporting evidence — publications, awards, citations, recognition, and other evidentiary materials. Occurs alongside step 3.
5. Petition support letter & I-140: Attorney prepares the petition support letter and I-140 form.
6. Filing: All fees earned and confirmed. Petition submitted to USCIS upon client confirmation.

Fees

• Academic / Research: Applies to cases primarily supported by academic credentials, scholarly output, and research activity. Examples include Ph.D. candidates & graduates, physicians & M.D.s, post-doctoral researchers, scientists, and academic faculty.
• Industry / Professional: Applies to cases primarily supported by commercial achievements, leadership roles, and professional impact. Examples include entrepreneurs & founders, CEOs / C-suite executives, software engineers, product managers, investment managers, and management consultants.

Academic Profile

• Single Petition — EB-1A or EB-2 NIW
  • $5,000
• Concurrent Dual Petition — EB-1A and EB-2 NIW
  • $8,500 – Save $1,500 compared to filing separately

Industry / Professional Profile

• Single Petition — EB-1A or EB-2 NIW
  • $9,000
• Concurrent Dual Petition — EB-1A and EB-2 NIW
  • $16,000 – Save $2,000 compared to filing separately

Optional Add-Ons (All Profiles)

• Premium Processing Coordination (per petition)
  • $250 – G&A legal fee for preparing and coordinating the premium processing request. USCIS filing fee (currently $2,965) is separate.
• RFE Response (per Request for Evidence)
  • Academic Profile: $3,000
  • Industry / Professional Profile: $4,000
  • Full fee is due before work begins.
• Refiling After Denial (per petition)
  • Academic Profile: $1,000
  • Industry / Professional Profile: $2,000
  • Available only for petitions originally prepared by G&A. Does not include appeals, motions to reopen/reconsider, or federal court litigation.

The fees above cover I-140 petition preparation only and do not include RFE responses, refilings, premium processing, or USCIS government filing fees. RFE responses and refilings, if required, are billed separately as described below.

Concurrent dual petition note: For concurrently filed EB-1A and NIW petitions, one reference letter phase serves both petitions simultaneously.

How we bill

We collect the full legal fee upfront so your case moves from start to filing without billing interruptions. For I-140 filings, the full fee is collected at retention and held in a client trust account, released to G&A as each phase milestone is completed and the corresponding fee is earned. For RFE responses and refilings, the full fee is collected at the outset of that matter, before work begins.
Select your scenario to see the milestone breakdown.

Initial petition

• Academic — single
• Academic — dual
• Industry — single
• Industry — dual

RFE response

• RFE — Academic
• RFE — Industry

Refiling after denial

• Refiling — Academic
• Refiling — Industry

Fee Milestone Breakdown: Academic — Single Petition

• Phase 1: Strategy discussion completed. Amount: $500
• Phase 2: Reference letter guidance — initial phase (at least three letters) completed and delivered to client. Amount: $2,000
• Phase 3: Reference letter guidance — remaining letters completed and delivered to client, or written notice of phase completion sent. Amount: $1,500
• Phase 4: Petition support letter and draft I-140 form completed and delivered to client. G&A submits petition upon client confirmation. Amount: $1,000

Total legal fee — collected at retention: $5,000

Fee Milestone Breakdown: Academic — Dual Petition

• Phase 1: Strategy discussion completed. Amount: $500
• Phase 2: Reference letter guidance — initial phase (at least three letters, serving both EB-1A and NIW simultaneously) completed and delivered to client. Amount: $3,500
• Phase 3: Reference letter guidance — remaining letters completed and delivered to client, or written notice of phase completion sent. Amount: $2,750
• Phase 4: Both petition support letters and corresponding draft I-140 forms completed and delivered to client. G&A submits petitions upon client confirmation. Amount: $1,750

Total legal fee — collected at retention: $8,500

Fee Milestone Breakdown: Industry — Single Petition

• Phase 1: Strategy discussion completed. Amount: $500
• Phase 2: Reference letter guidance — initial phase (at least three letters) completed and delivered to client. Amount: $3,750
• Phase 3: Reference letter guidance — remaining letters completed and delivered to client, or written notice of phase completion sent. Amount: $2,750
• Phase 4: Petition support letter and draft I-140 form completed and delivered to client. G&A submits petition upon client confirmation. Amount: $2,000

Total legal fee — collected at retention: $9,000

Fee Milestone Breakdown: Industry — Dual Petition

• Phase 1: Strategy discussion completed. Amount: $500
• Phase 2: Reference letter guidance — initial phase (at least three letters, serving both EB-1A and NIW simultaneously) completed and delivered to client. Amount: $6,500
• Phase 3: Reference letter guidance — remaining letters completed and delivered to client, or written notice of phase completion sent. Amount: $5,000
• Phase 4: Both petition support letters and corresponding draft I-140 forms completed and delivered to client. G&A submits petitions upon client confirmation. Amount: $4,000

Total legal fee — collected at retention: $16,000

Fee Milestone Breakdown: RFE Response — Academic

• Phase 1: RFE strategy discussion and case evaluation completed. Amount: $500
• Phase 2: Reference letter guidance in connection with the RFE response completed and delivered to client. Amount: $1,250
• Phase 3: RFE support letter completed and delivered to client. G&A submits RFE response upon client confirmation. Amount: $1,250

Full fee collected at the outset of the RFE matter: $3,000.

G&A will not provide strategic guidance on more than three reference letters in connection with an I-140 RFE. Additional letters beyond three are charged at $1,000 per letter.

Fee Milestone Breakdown: RFE Response — Industry

• Phase 1: RFE strategy discussion and case evaluation completed. Amount: $500
• Phase 2: Reference letter guidance in connection with the RFE response completed and delivered to client. Amount: $1,750
• Phase 3: RFE support letter completed and delivered to client. G&A submits RFE response upon client confirmation. Amount: $1,750

Full fee collected at the outset of the RFE matter: $4,000.

G&A will not provide strategic guidance on more than three reference letters in connection with an I-140 RFE. Additional letters beyond three are charged at $1,000 per letter.

Fee Milestone Breakdown: Refiling — Academic

• Phase 1: Denial strategy discussion and written case evaluation completed. Amount: $500
• Phase 2: Revised evidentiary work product completed and delivered to client, where applicable. Amount: $250
• Phase 3: Refiled petition completed and delivered to client. G&A submits upon client confirmation. Amount: $250

Covers one refiling of a denied I-140 petition originally prepared by G&A. Total fee: $1,000.

Does not include appeals, motions to reopen, or federal litigation.

Fee Milestone Breakdown: Refiling — Industry

• Phase 1: Denial strategy discussion and written case evaluation completed. Amount: $500
• Phase 2: Revised evidentiary work product completed and delivered to client, where applicable. Amount: $750
• Phase 3: Refiled petition completed and delivered to client. G&A submits upon client confirmation. Amount: $750

Covers one refiling of a denied I-140 petition originally prepared by G&A. Total fee: $2,000.

Does not include appeals, motions to reopen, or federal litigation.

General terms

Earned fees

Fees associated with each phase become earned upon completion of that phase’s work and delivery of the applicable work product to the client. Earned fees are non-refundable. Unearned fees remain in trust until the applicable milestone is reached or, if the engagement ends, are refunded to the client.

Reference letter cap

G&A will not provide strategic guidance on more than six reference letters for an initial I-140 filing. Additional letters beyond six are charged at $1,000 per letter. For RFE responses, the cap is three letters.

Termination by client

If you terminate the engagement after a phase milestone’s work product has been completed and delivered, the full milestone fee for that phase is deemed earned. Unearned fees are refunded.

Abandonment

If you fail to respond to G&A’s requests for more than 90 days, G&A may administratively close the matter. Earned fees are non-refundable. Unearned fees held in trust are refunded.

Revisions

The legal fee includes reasonable revisions to reference letters and petition materials. Extensive additional revisions or material changes in case strategy may require additional fees, communicated in writing before G&A proceeds.

No filing without client confirmation

G&A will not submit any petition, RFE response, or refiled petition to USCIS without client confirmation. All applicable G&A legal fees and government filing fees must be received in full before submission.

Government fees & disbursements

G&A’s fees do not include USCIS filing fees, translation fees, credential evaluation fees, courier or shipping charges, or any other out-of-pocket disbursements. All such costs are the client’s sole responsibility.

Learn more about each category

• EB-1A — extraordinary ability
• EB-2 national interest waiver

Frequently asked questions

What are EB-1A and EB-2 NIW, and what do they have in common?

Both are employment-based immigrant visa categories that allow foreign nationals to self-petition for a U.S. green card without employer sponsorship or a PERM labor certification. EB-1A is for individuals of extraordinary ability; EB-2 NIW is for advanced degree professionals or individuals of exceptional ability whose work is in the national interest. Neither requires a job offer. Both lead directly to permanent residence.

Can I pursue both EB-1A and EB-2 NIW at the same time?

Filing both concurrently is not prohibited. Whether it makes sense for your situation depends on your profile, your country of birth, and your immigration priorities. The two petitions are evaluated under different legal standards, and a strong case for one does not guarantee approval for the other.

Why consider EB-1A or NIW if my employer is already sponsoring me through PERM?

Employer-sponsored PERM-based green cards can take years, particularly for nationals of high-backlog countries. A self-petition through EB-1A or NIW can run in parallel and may reach visa availability faster. Filing a self-petition also gives you more control: you are not dependent on your employer’s continued sponsorship or continued employment.

What are the advantages of EB-1A over EB-2 NIW?

The primary advantage of EB-1A is visa priority. EB-1A falls in the first employment preference category (EB-1), which historically has shorter or no backlogs compared to EB-2 — a significant advantage for nationals of India, China, and other high-backlog countries. Check the current Visa Bulletin for priority date availability.

Is EB-2 NIW easier than EB-1A?

Not exactly — the standards are different, not simply harder or easier. The EB-2 NIW framework is governed by Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which requires a petitioner to show that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance it, and that it would benefit the United States to waive the normal job offer and labor certification requirements.

How long does the process take?

Timelines vary by case. Petition preparation can take a few weeks for more straightforward matters, though in many cases it takes a few months. Once filed, USCIS processing times vary — check the USCIS processing times tool for current estimates. Optional premium processing is available; G&A charges a $250 legal fee to coordinate this, in addition to the USCIS government premium processing fee (currently $2,965 per petition).

Should I consider filing on my own or using a document preparation service?

Self-filing and document preparation services are options some individuals explore, particularly for cost reasons. There are, however, a number of considerations worth being aware of before proceeding without an attorney.

EB-1A and NIW petitions are evidentiary cases — the outcome depends heavily on how the record is assembled, framed, and presented. A few areas where unrepresented petitions commonly run into difficulty:

• Reference letters. Reference letters are among the most consequential components of the petition. An attorney can help bridge the gap between a recommender’s general familiarity with the petitioner’s work and the specific evidentiary language and framing that USCIS adjudicators look for.
• Coherent narrative and strategy. A strong petition tells a coherent story about why the petitioner meets the applicable standard. Without a strategy developed in advance, petitions can present evidence in a way that is technically complete but lacks the analytical thread that ties it together — particularly important for EB-1A, where the two-step Kazarian framework requires a structured evidentiary analysis, and for the NIW, where the Dhanasar prongs require a structured argument about the petitioner’s proposed endeavor and its national importance.
• Organization and documentation. USCIS adjudicators review a high volume of petitions. A well-organized, clearly documented petition with a strong support letter and properly labeled exhibits is easier to adjudicate in the petitioner’s favor. Poorly organized submissions, missing documentation, or exhibits without adequate explanation can result in a request for evidence (RFE) or denial that might have been avoided.
• Identification of the right evidentiary criteria. Not all EB-1A criteria apply equally to every profile. Experienced counsel can identify which criteria are best supported by the record and build the petition around those strengths — rather than attempting to satisfy criteria that are weak or not clearly applicable, which can dilute the overall presentation.
• RFE response. If USCIS issues a request for evidence, the response window is limited and the stakes are high. An unrepresented petitioner responding to an RFE without legal guidance faces a meaningful disadvantage at a critical stage of the process.

A case evaluation with an attorney is a low-commitment way to understand whether the record supports a petition and what a professionally prepared filing would look like.

Goel & Anderson makes no guarantee regarding approval, adjudication timing, or ultimate immigration outcome. USCIS adjudication is discretionary. This page is for general informational purposes and does not constitute legal advice. Attorney advertising.