What is the three-prong Dhanasar test for EB-2 National Interest Waiver?

The Dhanasar test requires meeting three criteria: (1) Substantial Merit and National Importance - your endeavor must have inherent value with broader implications, (2) Well-Positioned - you must have educational credentials, track record, and detailed plan for advancement, and (3) Beneficial to Waive - it must be impractical to obtain labor certification or the benefits outweigh standard requirements. 2025 policy updates require stricter alignment between exceptional ability and proposed endeavor with enhanced documentation requirements.

Do I need a job offer for EB-1A or EB-2 NIW visas?

No, both EB-1A and EB-2 NIW are self-petition categories that do not require a job offer or employer sponsorship. You have complete control over timing and content of your application. After approval, you have job portability and can work for multiple employers or be self-employed. This is different from standard EB-2 which requires employer sponsorship and PERM labor certification taking 12-24 months.

Can I include my family members in my employment-based visa application?

Yes, you can include your spouse and unmarried children under 21. Your spouse receives E-21 immigrant status and children receive E-22 immigrant status. All family members get full permanent resident status (Green Card), work authorization eligibility, travel document eligibility, and path to U.S. citizenship after 5 years. The Child Status Protection Act protects children from 'aging out' during processing by subtracting petition pending time from the child's age at approval.

What are the current priority date backlogs for India and China?

As of July 2025, there are significant backlogs: India EB-2 has a 12+ year wait with priority dates at January 1, 2013, while China EB-2 has a 4+ year wait with dates at December 15, 2020. EB-1 is better but still backed up: India EB-1 is at February 15, 2022, and China EB-1 is at November 15, 2022. All other countries are current for EB-1 and have minimal waits for EB-2. This is due to the 7% per-country limit affecting high-demand countries.

USA Visa Assessment Tool

Q: What is an EB-1A visa and who qualifies for extraordinary ability status?

The EB-1A visa is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. You must demonstrate sustained national or international acclaim and show that your entry will substantially benefit the United States. You can qualify either through a major international award (Nobel Prize, Oscar, Olympic Medal) or by meeting at least 3 of 10 regulatory criteria including awards, memberships, published materials, judging others' work, original contributions, scholarly articles, exhibitions, leadership roles, high salary, or commercial success.

Q: What are the current EB-2 NIW approval rates and processing times for 2025?

EB-2 NIW approval rates have dramatically declined from 96% in FY2022 to just 43.31% in FY2024, though Q1 FY2025 shows improvement to 63%. Current processing times are 6-9 months for I-140 petitions with premium processing available for 45 calendar days at $2,805. EB-1A processing takes 14-15 months standard or 15 days with premium processing. The decline is attributed to a 190% increase in NIW petitions and enhanced adjudication standards.

Q: Which STEM fields have priority for National Interest Waiver applications?

Priority STEM areas include Artificial Intelligence and Machine Learning, Cybersecurity, Quantum Computing, Biotechnology, Clean Energy Technologies, Advanced Manufacturing and Semiconductors, Space Technology, and Advanced Materials Science. STEM professionals have higher approval rates (77-81% vs 66-71% for non-STEM). Advanced STEM degrees, especially Ph.D.s, are considered positive factors, and work in critical/emerging technologies receives favorable consideration from USCIS.

Q: What are the total costs for EB-1A and EB-2 NIW applications in 2025?

EB-1A total costs range from $6,565-$10,415 including USCIS fees ($1,015), attorney fees ($5,000-$8,250), medical exam ($250-$650), and additional costs. EB-2 NIW costs range from $5,565-$12,165 with similar fee structure but attorney fees of $4,000-$10,000. Additional adjustment of status costs include I-485 fee ($1,440 for adults), work authorization ($260), and travel document ($630). Premium processing adds $2,805 but provides guaranteed timeline.

Q: Can I file multiple visa categories simultaneously?

Yes, filing EB-1A and EB-2 NIW concurrently is common and recommended to maximize approval chances given declining approval rates. This strategic approach provides backup options and flexibility. You maintain complete control over both applications since they're self-petition categories. Many qualified candidates file both to hedge against the increased scrutiny and lower approval rates, especially given the 190% increase in NIW petitions from FY2022 to FY2024.

Q: What happens if I receive a Request for Evidence (RFE)?

RFEs are increasingly common due to enhanced scrutiny. You typically have 60-90 days to respond with additional evidence addressing USCIS concerns. Professional legal assistance is strongly recommended given current low approval rates. The response must directly address each point raised and provide comprehensive documentation. Premium processing time is paused during RFE response period. Quality of RFE response often determines approval or denial, making expert legal guidance crucial.

EB-1A & EB-2 Categories Assessment

What You'll Get:

Personalized assessment of your visa eligibility
Best-matched visa category recommendation
Detailed requirements and processing information
Free consultation with immigration specialists

Education & Professional Background

Current Nationality

Highest Education Level

Field of Expertise

Years of Professional Experience

Work Experience & Investment Capacity

Management Experience

Current Annual Salary (USD)

Available Investment Amount (USD)

Achievements & Recognition

Professional Achievements (Select all that apply)

Licenses & Certifications (Select all that apply)

Pilot License (10+ years)

Aircraft Maintenance License

Professional License in Field

Desired Timeline

Analyzing Your Profile...

We're evaluating the best USA visa option for your specific qualifications.

Request Detailed Information

Our immigration specialists will contact you within 24 hours with personalized guidance for your visa application.

Thank You for Your Submission!

Your USA visa assessment has been successfully submitted to our partner international law firm, specialists in immigration law. You will be contacted directly by an expert immigration lawyer within the next 24-48 hours via the email address you provided.

We respect your privacy: We hate spam as much as you do! You will only receive communication from our trusted partner law firm regarding your visa assessment. We will not send you any promotional emails or spam.

What Happens Next?

You'll receive a confirmation email shortly

An immigration specialist will review your assessment

You'll be contacted for a personalized consultation

Receive detailed guidance for your visa application

We respect your privacy: We hate spam as much as you do! You will only receive communication from our trusted partner law firm regarding your visa assessment. We will not send you any promotional emails or spam.

USA Visa Assessment Tool Information

Why Use This Tool?

Our USA Visa Assessment Tool helps you navigate the complex landscape of American immigration visas. Our intelligent system evaluates your professional profile and matches you with the most suitable EB-1A and EB-2 visa categories for your situation.

How It Works

The assessment process is comprehensive and secure:

Step 1: Provide your education and professional background
Step 2: Share your work experience and investment capacity
Step 3: Detail your achievements and professional recognition
Step 4: Receive your personalized visa recommendation
Step 5: Connect with immigration specialists for guidance

Your Information is Confidential

All information you provide is kept strictly confidential and securely transmitted to our trusted immigration law firm partners. Your data is never shared with third parties without your explicit consent.

What Happens After Assessment?

Once you complete the assessment:

You receive instant results with your best visa match
Your information is securely sent to our immigration law partners
A qualified immigration attorney contacts you within 24 hours
You receive personalized guidance on your visa options
No obligation - the consultation is entirely free

Visa Categories Covered

Our USA visa assessment evaluates your eligibility for multiple visa categories:

EB-1A: Extraordinary Ability visa for exceptional professionals
EB-2 Investment: Entrepreneur visa with startup investment
EB-2 NIW Pilots: National Interest Waiver for aviation pilots
EB-2 NIW AME: Aircraft Maintenance Engineers pathway
EB-2 NIW STEM: Science, Technology, Engineering, Math professionals

Why Act Now?

U.S. immigration policies and processing times change frequently. USCIS policies, priority dates, and approval rates can shift with new regulations. Getting current, professional guidance from qualified immigration attorneys is essential for success.

Our Trusted Immigration Partners

We work exclusively with licensed USA Visa immigration attorneys and law firms with proven track records in employment-based USA visa programs. All partners are licensed to practice before USCIS and U.S. immigration courts, with extensive experience in EB-1A and EB-2 visa categories.

USA skilled visa FAQ 2025

Complete guide to EB-1A, EB-2, and EB-2 NIW visas with current approval rates, processing times, and strategic insights for 2025

⚠️ Critical 2025 Update

EB-2 NIW approval rates have dropped from 96% to 43.31%. Enhanced scrutiny and new policies require strategic preparation. Professional legal guidance strongly recommended.

What is an EB-1A visa and who qualifies for extraordinary ability status?

The EB-1A visa is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. You must demonstrate sustained national or international acclaim and show that your entry will substantially benefit the United States.

Two Qualification Paths:

Option 1: Major international award (Nobel Prize, Oscar, Olympic Medal)

Option 2: Meet at least 3 of 10 regulatory criteria:

Awards for excellence
Membership in exclusive associations
Published materials about your work
Judging others' work
Original scientific or scholarly contributions
Scholarly articles
Exhibitions or showcases
Leadership roles in distinguished organizations
High salary or remuneration
Commercial success in performing arts

Key Advantage: No job offer required, complete control over application, and faster processing than other employment categories.

What are the current EB-2 NIW approval rates and processing times for 2025?

EB-2 NIW approval rates have experienced dramatic changes, requiring careful strategic planning:

3+ Years

Feb 15, 2022 Priority Date

All Other Countries

Current

No Wait for EB-1

Per-Country Limit Impact: Annual employment-based limit is 140,000+ visas, but per-country limit is only 7% (25,620 for employment and family combined). This severely constrains India and China applicants.

Strategic Recommendation: India/China applicants should strongly consider EB-1A if eligible to avoid backlogs. All applicants should file early in fiscal year and maintain valid nonimmigrant status during waits.

Which STEM fields have priority for National Interest Waiver applications?

STEM professionals have significantly higher approval rates and are prioritized in 2025:

STEM Approval Rate

77-81%

vs 66-71% Non-STEM

Median STEM Wage

$101,650

vs $48,060 overall

Job Growth

10.4%

Projected 2023-2033

Workforce Gap

3.5M

Jobs by 2025

Priority STEM Areas for 2025:

AI & Machine Learning
Highest priority field with national security implications

Cybersecurity
Critical infrastructure protection focus

Quantum Computing
Emerging technology with strategic importance

Biotechnology
Public health and pharmaceutical advancement

Clean Energy
Climate change and energy independence

Semiconductors
Supply chain security and manufacturing

Success Factors: Advanced STEM degrees (especially Ph.D.) are "positive factors," work in critical/emerging technologies receives favorable consideration, and government agency support letters significantly strengthen cases.

What are the total costs for EB-1A and EB-2 NIW applications in 2025?

Comprehensive cost breakdown for strategic budgeting:

EB-1A Total Costs

USCIS Fees: $1,015
Attorney Fees: $5,000-$8,250
Medical Exam: $250-$650
Additional Costs: $300-$500

Total Range: $6,565-$10,415

EB-2 NIW Total Costs

USCIS Fees: $1,015
Attorney Fees: $4,000-$10,000
Medical Exam: $250-$650
Additional Costs: $300-$500

Total Range: $5,565-$12,165

Adjustment of Status Additional Costs:

I-485 Fee: $1,440 (adults), $1,140 (children under 14)
Work Authorization (I-765): $260 (reduced when filed with I-485)
Travel Document (I-131): $630
Family AOS Total: $2,330-$4,000+

Premium Processing: Add $2,805 for guaranteed timeline (15 days EB-1A, 45 days NIW). Recommended for urgent cases or to avoid RFE delays, but budget for potential RFE response costs.

Can I file multiple visa categories simultaneously?

Yes, and it's highly recommended! Filing EB-1A and EB-2 NIW concurrently is a common strategic approach:

Strategic Benefits of Concurrent Filing:

Maximizes approval chances given declining approval rates
Provides backup options and flexibility
Complete control over both applications (self-petition categories)
Hedges against increased scrutiny and lower approval rates
Different evaluation criteria may favor different strengths

NIW Petition Increase

190%

FY2022 to FY2024

Current EB-1A Rate

60.65%

FY2024 Approval

Why Concurrent Filing Makes Sense: With EB-2 NIW rates dropping from 96% to 43.31% and increased processing complexity, having multiple petition types significantly improves your chances of approval. Many qualified candidates now file both to hedge against the enhanced scrutiny.

What happens if I receive a Request for Evidence (RFE)?

RFEs are increasingly common and require immediate strategic response:

Critical Facts: RFE rates have increased significantly due to enhanced scrutiny. Professional legal assistance is strongly recommended given current low approval rates. Quality of RFE response often determines approval or denial.

Response Timeline
• Typically 60-90 days to respond
• Premium processing paused during RFE
• No extensions granted

Response Strategy
• Address each point raised directly
• Provide comprehensive documentation
• Consider expert legal guidance

Common RFE Topics:

Evidence of extraordinary ability not sufficient
National importance of proposed endeavor unclear
Qualification to advance the proposed endeavor
Benefit of waiving labor certification requirements
Documentation of achievements insufficient

Success Tips: Never ignore an RFE deadline. The response must be comprehensive, well-organized, and directly address every concern raised. Many successful cases are won or lost at the RFE stage.

How long does it take to get a green card through employment-based visas?

Timeline varies significantly by category, country, and processing complexities:

Three-Phase Process:

Phase 1: I-140 Petition
• EB-1A: 14-15 months (or 15 days premium)
• EB-2/NIW: 6-9 months (or 45 days premium)
• Standard EB-2: 6-9 months (or 15 days premium)

Phase 2: Priority Date Wait
• All countries (except India/China): Current
• India EB-2: 12+ year backlog
• China EB-2: 4+ year backlog

Phase 3: Adjustment of Status
• I-485 processing: 6.7-32.5 months
• Work authorization: 1.1 months
• Travel documents included

Most Countries

12-24 Months

Total Timeline

India EB-2

12+ Years

Due to Backlog

Planning Tip: For India/China applicants, consider EB-1A if eligible to avoid lengthy backlogs. Maintain valid nonimmigrant status throughout the process.

What recent policy changes affect employment-based visas in 2025?

Significant policy updates have reshaped the employment-based immigration landscape:

January 2025 USCIS Policy Updates:

Team Awards Recognition: Now accepted for EB-1A applications
Past Membership Criterion: Previous memberships count, not just current
Published Material Standards: Removed requirement for explicit demonstration of work value
Enhanced NIW Scrutiny: Stricter evaluation of national importance claims

Fee Structure Changes (April 2024)

I-140 Filing Fee: $715
Asylum Program Fee: $300-$600
Premium Processing: $2,805 (up from $2,500)
I-485 Adjustment: $1,440 (adults)

Processing Improvements

11.2% reduction in USCIS backlog
Employment authorization: 2.1 to 1.1 months
Record 13.2 million case completions FY2024
Enhanced digital processing systems

Impact on Applications: Enhanced scrutiny requires more comprehensive documentation and stronger evidence packages. Legal representation is increasingly critical for success.

Do I need to speak English for employment-based visa applications?

English proficiency requirements differ between green card and citizenship applications:

Green Card Application
• No English requirement for EB-1A or EB-2 NIW
• USCIS interviews conducted with interpreters if needed
• Focus is on professional qualifications

Citizenship Application
• English proficiency required after 5 years
• Speaking, reading, and writing tests
• Civics test about U.S. history and government

Naturalization Process:

Timing: Eligible after 5 years of permanent residency (3 years if married to U.S. citizen)
English Test: Speaking assessed during interview, reading and writing tests administered
Civics Test: 10 questions from list of 100 about U.S. history and civics
Exemptions: Some applicants qualify for English test exemptions based on age and length of residence

Professional Advantage: Strong English skills can enhance your professional documentation and strengthen your case, but they're not legally required for obtaining permanent residency through employment-based categories.

Can I work in any state with my employment-based green card?

Yes, complete geographic and employment freedom! Green cards provide unlimited mobility within the United States:

Green Card Freedom:

Live and work anywhere in the United States
Work for any employer or multiple employers
Start your own business or be self-employed
Change jobs without immigration consequences
Take breaks from employment if desired

Contrast with H-1B Visas: Unlike H-1B visas which tie you to specific employers and require amendments for job changes, green cards provide complete employment flexibility. No need for visa transfers, employer sponsorship, or geographic restrictions.

Important Continuity Requirement: You should continue working in your field of extraordinary ability (EB-1A) or approved endeavor (NIW) to maintain the basis for your approval, especially when applying for citizenship. This doesn't restrict location but relates to the type of work you do.

Travel Freedom
• International travel with green card
• Re-entry permits for extended trips
• No visa requirements for most countries

Professional Benefits
• Access to all professional opportunities
• Government positions available
• Security clearance eligibility

What are the tax implications of getting a green card through employment?

Green card holders face significant tax obligations that require careful planning:

Critical Tax Status Change: Green card holders are treated as U.S. residents for tax purposes from the moment they receive permanent residency, regardless of where they live.

Green Card Holder Tax Obligations:

Worldwide Income Reporting: Must report all global income on Form 1040
Annual Filing Requirement: File by April 15 regardless of residence location
FBAR Reporting: Foreign bank accounts over $10,000 must be reported
FATCA Compliance: Foreign assets may trigger additional reporting requirements

Pre-Green Card Status
• Nonresident aliens taxed on U.S.-source income only
• Tax treaties may provide benefits
• ITIN may be required for filing

Long-Term Considerations
• Exit tax for 8+ year residents abandoning status
• State tax obligations vary by location
• Professional tax planning recommended

Strategic Planning: Consult with international tax professionals before receiving your green card to optimize your tax situation. Tax treaties, foreign tax credits, and proper planning can minimize double taxation and ensure compliance.

Ready to Start Your Employment-Based USA Visa Journey?

Given the declining approval rates and enhanced scrutiny, professional legal guidance is more critical than ever. Success requires strategic planning, comprehensive documentation, and expert navigation of current USCIS policies.