Introduction

 For professionals aspiring to develop their careers in the U.S., traditional immigration pathways such as employer-sponsored (PERM) or family-based petitions often rely on external factors like job availability, employer cooperation, or familial ties. In recent years, ‌EB-1A (Extraordinary Ability)‌ and ‌NIW (National Interest Waiver)‌ have emerged as the most compelling “self-petition” options under the ‌U.S. Employment-Based Immigration framework‌. Both share a critical advantage: they do not require a job offer or a labor certification (PERM), allowing applicants to apply for a green card based on their achievements or future potential. However, the two pathways differ significantly in evaluation criteria, target applicants, and required documentation strategies. In the context of tightening visa quotas and increasingly stringent adjudication standards, a strategic evaluation of one’s qualifications, careful selection of the appropriate immigration pathway, and preparation of a well-documented, compelling petition have become key factors in determining success.
 
EB-1A: Reserved for the Top of the Field across the Globe
 
EB-1A, officially referred to as an Alien of Extraordinary Ability, is a subcategory under the Employment-Based First Preference (EB-1). It is designed to attract high-achieving individuals who have demonstrated outstanding performance and have received national or international recognition in the fields of science, art, education, business, or athletics. Examples include senior engineers, inventors, artists, directors, professors, entrepreneurs, finance professionals, and elite athletes. To qualify, applicants must demonstrate ‌national or international acclaim‌ by meeting at least ‌three of the ten criteria‌ (or provide a one-time major award, such as a Nobel Prize, Olympic medal, or Pulitzer Prize):
 

• Receipt of nationally or internationally recognized awards or prizes for excellence
• Membership in associations in the field which demand outstanding achievement of their members
• Published material about the applicant in professional or major trade publications or other major media
• Participation as a judge of the work of others in the same or a related field
• Original contributions of major significance in the field
• Authorship of scholarly articles in professional or major trade publications or other major media
• Display of work at artistic exhibitions or showcases
• Performance in a leading or critical role for organizations or establishments with a distinguished reputation (e.g., as a founder, executive, or senior manager).
• High salary or remuneration in relation to others in the field
• Commercial success in the performing arts

 
The EB-1A adjudication standards are relatively stringent. While award recognition is a strong indicator, it is not the sole criterion. USCIS adjudicators conduct a holistic review of all submitted evidence to determine whether the applicant has achieved national or international acclaim and is among the small percentage of individuals who have risen to the very top of their field, demonstrating both the national or international recognition of their achievements and their extraordinary ability. In recent years, USCIS has taken a stricter approach to evaluating evidence related to “high remuneration” and “original contributions”, with increased subjectivity in adjudication. Therefore, applicants must clearly articulate the significance of each piece of evidence and how it demonstrates national or international recognition, particularly in relation to their sustained acclaim and contributions to their field. As an extraordinary ability immigrant category, the EB-1A has the advantages of no degree, age, or language proficiency requirements, a relatively short waiting period, and sufficient visa availability, making it an ideal option for high-achievers seeking to obtain U.S. permanent residency in a timely manner.
 
‌NIW: The “National Interest” Pathway for Exceptional Talent
 
The National Interest Waiver (NIW) is a subcategory of the Employment-Based Second Preference (EB-2). It exempts applicants from employer sponsorship and PERM labor certification. This category is particularly well-suited for professionals such as researchers, engineers, physicians, data scientists, environmental experts, and entrepreneurs — especially those with an advanced degree (Master’s or higher), or a bachelor’s degree plus at least five years of progressive experience, or individuals who have demonstrated professional skills and development potential in fields such as science, art, or business. The core requirement of the NIW is to demonstrate that the applicant’s proposed work in the U.S. possesses attributes of “national importance”.
 
Three Key Criteria for NIW:
 

1. The proposed endeavor has both substantial merit and national importance.

 
The proposed endeavor must have intrinsic value and potential for significant benefit to the United States, whether in theoretical or practical application. It should serve the broader public interest and demonstrate foreseeable positive social or economic impacts, contributing to the nation’s long-term development.
 

2. The applicant is well positioned to advance the proposed endeavor.

 
USCIS evaluates whether the applicant has the necessary qualifications, experience, and resources to successfully carry out the proposed work. This is determined through a comprehensive review of the applicant’s past achievements, professional background, and future plans — all of which should reasonably support the expectation that the applicant will effectively implement the endeavor.
 

3. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

 
When the proposed work carries urgency or strategic significance in terms of public interest or economic development, waiving the traditional labor certification process may more efficiently serve the national interest.
 
NIW places particular emphasis on the reasonableness and feasibility of the applicant’s future plans after entering the U.S. Therefore, the application strategy should focus on strong documentation and logical consistency in presenting the proposed endeavor and the applicant’s ability to execute it. In recent years, USCIS has shown increased favorability toward applicants in STEM (Science, Technology, Engineering, and Mathematics) fields, especially those involved in areas of national strategic priority such as artificial intelligence, clean energy, healthcare, and public health.
 
‌EB-1A vs. NIW: Which Fits Your Profile?

Criteria	EB-1A	NIW (EB-2)
Visa Bulletin Final Action Date	Nov. 15, 2022 (Current)	Dec. 15, 2020 (Current)
Difficulty Level	High – requires demonstration of extraordinary ability	Moderate – focuses on future contributions to U.S. national interest
Employer Required‌?	No	No
‌Adjudication Focus	Past achievements and national/international influence	Future contributions and alignment with U.S. national interest
‌Ideal Applicants	Top-tier professionals who have reached the pinnacle of their field	Professionals in STEM fields, including researchers, scientists, and industry experts; U.S. bachelor’s degree holders with relevant work experience, along with U.S.-based master’s and Ph.D. graduates

 
 
2025 Trends and Key Considerations
 

1. Increased Scrutiny: EB-1A has raised the bar on demonstrating “international recognition,” while NIW requires more detailed subjective evidence to prove alignment with U.S. national interests.

 

2. Industry Focus: Applicants in the fields of artificial intelligence, sustainable energy, public health, and environmental protection are seeing stronger support. NIW particularly favors STEM talent with long-term plans to contribute to the U.S.

 

3. Higher Documentation Standards: USCIS has raised expectations for the authenticity, logical consistency, and feasibility of submitted evidence. Blindly submitting applications or using generic templates can easily lead to Requests for Evidence (RFEs) or even denials.

 
Practical Recommendations
 

1. EB-1A is more suitable for applicants who have already received substantial objective recognition and are widely known in academia or industry. For entrepreneurs, the key is to clearly demonstrate outstanding influence and leadership within their field.

 

2. NIW is better suited for professionals such as researchers, engineers, and technical experts. A well-structured career plan, a clear future agenda, and strong arguments linking the proposed work to U.S. national interests can significantly improve the chances of approval.

 

3. Both categories are self-petitioned, meaning no employer sponsorship or specific job offer is required, offering high flexibility and autonomy. Qualified applicants may choose to file both EB-1A and NIW petitions concurrently to increase overall approval chances and gain greater timeline flexibility.

 
Conclusion
 
Under the current U.S. immigration framework, EB-1A and NIW represent two of the most viable self-petitioned immigration pathways for applicants from mainland China. Neither requires employer sponsorship, and both are suitable for individuals with professional achievements, research backgrounds, or strong future potential. For such applicants, a well-planned timeline, clear eligibility assessment, and strategic documentation approach often determine the overall progress and success rate.
 
We strongly recommend that interested applicants conduct an early eligibility assessment and develop a strategic plan to better position themselves for success, and to fully leverage favorable policy windows and adjudication trends.