The EB2-NIW (Employment-Based Second Preference National Interest Waiver) visa is one of the most used visas for those who want to immigrate to the United States of America. It provides a way for those with master’s degrees or PhDs or persons with exceptional ability to work in the United States without a job offer. Such individuals availing this visa do not have to go through the labor certification process, if the work they are going to do is considered to be in the U.S. interest. Though EB2-NIW approval is a major milestone, it is advisable that those who meet the conditions set out for the visa should seek to apply for the EB1-A visa. 

While it is important to understand the benefits of the EB2-NIW approval, there are many reasons why one should upgrade to the EB1-A visa. This article compares EB2-NIW and EB1-A to know the differences between the two, why one is better than the other and the strategies to enhance the EB1-A application. 

Key Differences between EB2-NIW and EB1-A 

Comparing the EB2-NIW with the EB1-A visa categories, one is able to identify the differences that exist between the two categories hence the need to transition to the EB1-A category. 

1.  Eligibility Criteria 

• EB2-NIW: It can only be applied if one can produce evidence of having obtained a master’s degree or equivalent degree or a doctorate or equivalent degree, or special abilities and must also establish that such work will benefit the United States. It is less stringent than some of the other categories but still has rather strict requirements to meet. 
• EB1-A: EB1-A, demands evidence of extraordinary ability in the applicant’s field, usually by satisfying at least three out of the ten USCIS criteria. The EB1-A standard is more stringent as compared to the EB2 category as it emphasizes sustained recognition at the international or national level. 

2. Priority Dates 

• EB2-NIW: Operates based on visa bulletin priority dates which can cause a lot of delays especially if you are from countries such as India and China. 
• EB1-A: It has current priority dates therefore there is no waiting time for the visa to be available in most cases. 

3. Processing Speed 

• As with all EB1-A petitions, premium processing applies and such petitions are dealt with faster while EB2-NIW applications may take longer due to the large number of applications received and the additional steps that are taken during the adjudication process. 

Why EB2-NIW Holders Should Pursue EB1-A 

For those who already have EB2-NIW approval, pursuing EB1-A can open up additional benefits and opportunities. 

1. Faster Green Card Processing 

The second reason for switching from EB2-NIW to EB1-A is the ability to get a green card sooner. However, the processing time for EB1-A is relatively faster as compared to other categories and this is because the priority dates for this category are usually current. On the other hand, the EB2-NIW applicants, especially those from countries with high demand for visas such as India and China, may have to wait for years due to visa backlogs. 

By switching to EB1-A, applicants can shorten their time to a green card and not suffer from the condition of priority dates being blocked.

2. Prestige and Recognition 

The EB1-A visa is considered one of the elite classes of visas for immigration to the United States, for it proves unique talent and constant achievement. Obtaining EB1-A approval increases the credibility of the applicant in the United States and in the rest of the world. For those in very competitive fields including academia, research, or entrepreneurship this is a great advantage as it provides a way to get into collaborations and leadership positions. 

3. Broader Work Flexibility 

Although EB2-NIW enables one to avoid the labor certification process, the work that one is expected to do must be deemed to be in the interest of the United States for the purpose of national interest. EB1-A, however, has no limitations on the kind of work that the applicant can do in the United States after getting a green card. This extra freedom makes it possible for people to search for various occupations and not be limited to the position that they initially contributed to. 

4. Strong Foundation for EB1-A Approval 

Quite often those who are eligible for EB2-NIW have a very solid background that would meet the criteria of EB1-A. For instance: 

• Published research, patents, or other significant contributions that meet several criteria of the EB1-A category. 
• Media attention, accolades, and positions held also help in proving the claim of being outstanding. 

Therefore, by building up their cases, EB2-NIW holders can make a strong case for EB1-A without starting the process all over again. 

How EB2-NIW Holders Can Strengthen their EB1-A Applications 

1. Focus on International Recognition 

One of the most important factors that EB1-A focuses on includes national or international recognition. Applicants should make it their priority to try to increase their visibility on the international level. For example: 

• Publishing scientific articles in high-impact factors journals or attending high-level conferences.
• Participating in international research or receiving an award from an international organization. 

2. Highlight Major Contributions 

According to USCIS, the applicant must present evidence of significant original contributions to the field. EB2-NIW holders can improve their EB1-A application in the following ways: 

• Showing how much impact the work of the applicant has made in the real world for example through the adoption of the research, patents, or inventions of the applicant. 
• Offering proof in the form of affidavits from experts in the field or organizations that the applicant has helped. 

3. Secure Media Coverage 

Coverage by the media in established media houses can be very strong evidence of being outstanding. Applicants should also try to secure interviews, features or mention in the media. 

4. Obtain Letters of Recommendation

Recommendations from established professionals can support the applicant’s case and prove his/her ability. These letters should focus on:

• The importance of the applicant’s contribution. 
• The role of the applicant in motivating colleagues and the society in general.
• As to how the applicant’s activities will benefit the United States. 

5. Engage a Legal or PR Expert

An immigration lawyer having knowledge about EB1-A petitions can assist in the development of a strategy that can be used for shifting from EB2-NIW to EB1-A.

Also, PR specialists can improve the visibility and credibility of the applicant, which makes the applicant’s case more compelling. 

Case Studies:

Success Stories in Moving from EB2-NIW to EB1-A:

1. A Research Scientist 

Dr. Jane Doe for instance is an environmental scientist who obtained EB2-NIW approval due to her unique contribution to the fight against climate change through the development of strategies. She was able to move from the EB2-NIW category to the EB1-A category through her international acclaim and unique contribution to her field of specialty due to the importance of her research. It helped her speed up her green card process and get a chance to work in a U.S.-based environmental think tank as a leader. 

2. A Tech Entrepreneur

The second example is Rajesh Patel, an engineer in software who first applied for EB2 NIW for developing the AI tools for healthcare. After getting patents and being highlighted in TechCrunch for his contributions, he moved from EB2-A to EB1-A with his sustained acclaim and originality in the tech field. It provided him an opportunity to get permanent residency sooner and pursue his business venture in the United States more aggressively. 

3. A Performing Artist

Maria Lopez, a violinist, achieved EB2-NIW approval for her services in music education programs among the needy people. Thus, Lopez transformed her journey to EB1-A emphasizing her performances at the international levels and awards received from international competitions; thus, she cemented her position as an artist in the United States.

Final Thoughts: 

Is EB1-A Worth the Effort? 

To EB2-NIW holders, it is advisable to apply for EB1-A because not only is it worthwhile but also it will help in getting the processing done sooner, increase professional status, and more mobility in the workplace. Although the requirements for EB1-A are more strict than for EB1-B, people who already hold EB2-NIW approval have a good basis to start from. By concentrating on international acclaim, stressing significant impact, and seeking the help of an expert, EB2-NIW holders will be able to find themselves a perfect spot in the EB1-A category. Not only does the transition help to bring about the process of being a permanent resident but also it enhances the status of the applicant as a leader in his or her field. 

In today’s world where people are fighting for their opportunity to stay in the United States, EB1-A is the light at the end of the tunnel for special people. For those with EB2-NIW  approval, targeting a higher category that is EB1-A may be the best strategy to achieve their maximum potential in the United States.