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

Hi William:

What are the major differences between the EB1 (EB1 Extraordinary Ability, EB1 Outstanding Researcher or Professor) and EB2 NIW (National Interest Waiver) immigration categories? and can I apply for the EB1 and NIW at the same time? 


The requirements for EB1 (EB1 Extraordinary Ability, and EB1 Outstanding Researcher or Professor) and NIW (EB2 National Interest Waiver ) 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 EB2 National Interest Waiver, but not qualify for EB1 Extraordinary Ability (EB-1A) and EB1 Outstanding Researcher or Professor (EB-1B). 

It is possible to file two petitions such as an EB1 and a NIW at the same time. Some applicants file two Form I-140 petitions simultaneously in EB1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase the chances of Form I-140 approval.

The EB1 Extraordinary Ability (EB-1A) and EB2 National Interest Waiver can be a self-petitioned application and does not need to be sponsored by a U.S. employer. But EB1 Outstanding Researcher or Professor (EB-1B) 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. 

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
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J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
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