EB-1A and NIW High-Skilled Immigration Legal Services

Submit a free case evaluation request

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, scientists, engineers, founders, executives, entrepreneurs, and other accomplished 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.

Fill out the form below and one of our attorneys will review your background and follow up to schedule a strategy discussion. Submitting this form does not create an attorney-client relationship.

EB-1A vs. NIW — what’s the difference? ↓

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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 — Extraordinary ability	EB-2 NIW — National interest waiver
Legal standard	Sustained national or international acclaim; one of a small percentage at the very top of your field	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	N/A	Advanced degree (Master’s or equivalent) or exceptional ability
Self-petition	Yes	Yes
Job offer required	No	No
Visa preference & priority date	EB-1 (first preference). Priority date availability varies by country of birth — check the current Visa Bulletin.	EB-2 (second preference). Check the Visa Bulletin for current availability by country of birth.
Difficulty	Generally higher bar — requires demonstrating acclaim at the top of your field	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. See concurrent dual petition pricing below.

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

Free case evaluation

Submit your CV and background. An attorney reviews and follows up.

Retention & strategy discussion

Client signs engagement letter and deposits full legal fee into client trust account. Attorney conducts paid strategy discussion.

Reference letters

Attorney provides strategic guidance on reference letters in two phases.

Occurs alongside step 4

Supporting documents

Client gathers supporting evidence — publications, awards, citations, recognition, and other evidentiary materials.

Occurs alongside step 3

Petition support letter & I-140

Attorney prepares the petition support letter and I-140 form.

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 & graduatesPhysicians & M.D.sPost-doctoral researchersScientistsAcademic faculty

Industry / Professional

Applies to cases primarily supported by commercial achievements, leadership roles, and professional impact.

Examples include

Entrepreneurs & foundersCEOs / C-suite executivesSoftware engineersProduct managersInvestment managersManagement consultants

Academic / Research profile

Single petition — EB-1A or EB-2 NIW

$5,000

Concurrent dual petition — EB-1A + EB-2 NIW
Save $1,500 vs. filing separately

$8,500

Industry / Professional profile

Single petition — EB-1A or EB-2 NIW

$9,000

Concurrent dual petition — EB-1A + EB-2 NIW
Save $2,000 vs. filing separately

$16,000

Add-ons (all profiles)

Premium processing (optional, per petition) G&A legal fee for coordinating premium processing. USCIS fee (currently $2,965) is separate.

$250

RFE response (per notice) Academic: $3,000 · Industry: $4,000. Full fee collected before work begins.

varies

Refiling after denial (per petition) Academic: $1,000 · Industry: $2,000. G&A-prepared petitions only. Does not include appeals or federal litigation.

varies

The fees above cover I-140 petition preparation only and do not include RFE responses, refilings, premium processing, or USCIS government filing fees.

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

RFE response

Refiling after denial

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

Total legal fee — collected at retention$5,000

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

Total legal fee — collected at retention$8,500

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

Total legal fee — collected at retention$9,000

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

Total legal fee — collected at retention$16,000

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

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

Total RFE response fee$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.

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

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

Total RFE response fee$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.

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

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

Total refiling fee$1,000

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

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

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

Total refiling 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.

Resources by field

Physicians, scientists & post-doctoral researchers

Including M.D.s, medical scientists, research scientists, and post-docs across academic and research institutions.

Entrepreneurs, founders, software developers & business professionals

Including startup founders, executives, software and technology professionals, and industry leaders across business fields.

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.

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. 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.

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 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.

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.

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.

EB-1 | National Interest Waiver | High-Skill Immigration