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What Are the Major Differences between the EB1 and EB2 NIW?

Hi William:

What are the major differences between the EB1 and EB2 NIW? Can apply for the EB1 and NIW at the same time?


The requirements in EB1 and NIW are very different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for EB1. It is possible to file two petitions such as an EB1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.

The EB1-EA and NIW can be a self-petitioned application and does not need to be sponsored by your current employer. But EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, your employer’s sponsorship may help your application, including the letters of recommendation, and other evidences. 

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