What Are the Major Differences between the EB1 and EB2 NIW Immigration Categories, Major Differences, EB1A, EB2 NIW, EB1 Immigration Categories

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The Primary Difference Between EB-1A and NIW Green Card Application

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?

Answer,

The primary difference is that the EB-1 (specifically EB-1A) category requires proof of sustained national or international acclaim at the very top of one's field, whereas the EB-2 NIW (National Interest Waiver) requires an advanced degree or exceptional ability plus proof that the applicant's specific proposed endeavor has both substantial merit and national importance.

EB-1A (Extraordinary Ability) must meet a one-time major international award or at least 3 out of 10 strict regulatory criteria showing you are near the very peak of your occupation.

EB-2 NIW (National Interest Waiver) must hold an advanced degree (Master's/Ph.D. or Bachelor's plus 5 years of progressive experience) or exceptional ability, and satisfy the three-prong Dhanasar test showing the endeavor's merit, national importance, and that the benefit to the U.S. outweighs the lack of a labor certification.

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.