If you’re interested in applying for a U.S. green card, you have to decide which employment-based category you should adopt. The two most attractive options are EB2 NIW (National Interest Waiver) and EB1-A (Extraordinary Ability). Although both can be very effective in acquiring a U.S. green card without a sponsor, they differ significantly. This guide will explain what each one is, how they differ, and how you might qualify for both.

So, What is EB2 NIW?  

EB2 NIW is a category in the EB2 immigrant visa classification for people with an advanced degree or for those who have extraordinary ability in their field. It is for persons whose services will be so advantageous for the U.S. that it would waive the labor certification application that would normally require a job offer. Applicants may be professionals in science, business, technology, or healthcare.

Eligibility for EB2 NIW includes:  

– An advanced degree or proof of exceptional ability in your field.  

– Work that has substantial national significance and merit.  

– Evidence that your contributions are so significant that the labor certification requirement should be waived.

One benefit of EB2 NIW is that there is no need for an employer’s endorsement; but there could be a waiting time due to backlog e, especially among applicants from countries like India or China.

What is EB1-A?   

EB1-A puts exceptional individuals on a pedestal in their domain— individuals with extraordinary capability; independent achievers of national or international fame in a certain profession might be qualified for EB1-A. In contrast to EB2 NIW, the applicant for EB1-A must prove that they have been ranked among the best in the industry. 

To prove eligibility for EB1-A, any applicant would have to satisfy at least 3 of the following criteria: 

• Winning major awards or honors in your field; 
• Being a member of professional associations requires outstanding achievement.
• Arguments of having published work in major name media. 
• Producing original work of major consequence in your field; 
• Exposure to exhibitions or events. 

This is because, on the other hand, it does not require employer sponsorship and does not, in most cases, suffer any backlog delays, making it a faster pathway to a green card.

Key Differentiations between EB2-NIW vs EB1-A

1. Level of Achievement

EB2 NIW: It requires “exceptional ability,” however, the bar is somewhat lower compared to EB1-A.

EB1 – A: It requires proving “extraordinary ability” thus, should rank at the very top in one’s field. 

2. Evidence Requirements 

– EB2 NIW- You have to give proof of how your work benefits the U.S. This can be in the form of recommendation letters or details of projects. 

– EB1-A: You’ll produce strong evidence of your extraordinary achievements such as awards or media coverage.

3. Priority Dates  

   – EB2 NIW: The primary delay is related to the priority dates in the backlogs that are particularly for people from countries like India and China.  

   – EB1-A: No significant backlog makes the process fast.

4. Processing Time 

   – EB2 NIW: Delays due to backlogs even after processing are quite normal. 

   – EB1-A: Faster as there is no backlog.

5. Public Recognition

   – EB2 NIW: For national records only.  

   – EB1-A: Both national and international recognitions are required, reflecting greater impact in your field.

Why You Could Qualify for Both  

This is how some people actually qualify for both EB2 NIW and EB1-A:  

-Similar Achievements: Both categories seek evidence of accomplishments in publications, awards, or other recognition.  

-Growth Over Time: In the case of growing international recognition, an EB2 NIW qualifier might become an EB1-A qualifier at some later point. 

-Repurposing Evidence: The documents you submit for EB2 NIW (like recommendation letters or project outcomes) can sometimes be adapted for EB1-A. 

Example: From EB2 NIW to EB1-A 

Take Dr. Maria Lopez, a climate scientist. She first applied for EB2 NIW because her renewable energy work had a huge impact in the U.S. After approval, her work became internationally recognized, and she won global awards. Two years later, she was able to apply for EB1-A and quickly got her green card because of her continued success and international acclaim.

Which Categories Right for You:

1. Assess Your Achievements  

Check what you have accomplished so far. Are these achievements actually leaning more towards EB2 NIW or EB1-A? Has it been recognized at the national or international level?     

2. Time Element  

EB1-A is a superior choice if you are concerned about wasting time, as it generally has a short backlog. At the early stages of meeting the standards for EB1-A, you may qualify for EB2 NIW in the meantime.     

3. Talk to an Expert 

You may also consult an immigration expert who can provide you with assistance regarding the best option based on your profile.

How Immignis Can Help

Immignis helps people like you figure out how to work for a U.S. green card. Whether you’re trying for EB2 NIW EB1-A, or both, the team will be there to help you through the process and strengthen your application.  

Conclusion

Deciding between EB2 NIW and EB1-A depends on your accomplishments as well as on the timeline. EB2 NIW is a very good choice for most applicants having remarkable contribution benefits to the interest of the U.S; EB1-A may secure a green card faster but it is a category that recognizes top professionals in their given fields. Many applicants tend to qualify under more than one type; therefore, proper evaluation of options with the help of an expert is crucial. If you are ready to get started on your immigration journey, reach out to Immignis for the proper guidance!