EB-2 (NIW: National Interest Waiver)
You may be eligible for this category of green card if you have an exceptional ability to benefit the interest of the United States. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.

Read more: EB-2 (NIW: National Interest Waiver)

EB-1 and NIW seem very similar to me. How do I know which one to apply for?

EB-1 has slightly higher standards and the focus is on international reputation. Many strong NIW candidates are also strong candidates for EB-1. Such a choice should be made after careful consideration of the types of evidence you can collect, their respective processing time, and your nationality. You may also choose to apply for both categories depending on your situation. It does not hurt to make two applications.

I have another immigrant petition pending. May I also apply for an EB1 or NIW?

Multiple immigration petitions can be submitted without having a negative impact on each other. For example, you may have a labor certification approved and an I-140 filed based on a permanent job offer. If you do not wish to be tied to a sponsor, submitting a self-petition such as an EB1 or NIW is also acceptable.

This category is an employment-based, first-preference visa for those with an extraordinary ability.

ELIGIBILITY CRITERIA

You must be able to demonstrate extraordinary ability in the science, arts, education, business or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.


GENERALLY REQUIRED EVIDENCE

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence • Evidence of your membership in associations in the field which demand outstanding achievement of their members • Evidence of published material about you in professional or major trade publications or other major media • Evidence that you have been asked to judge the work of others, either individually or on a panel • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major    significance to the field • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media • Evidence that your work has been displayed at artistic exhibitions or showcases • Evidence of your performance of a leading or critical role in distinguished organizations • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field • Evidence of your commercial successes in the performing arts


PROCEDURE

 
Stage 1: Self-Petition Support Letters Evidence Stage 2: Submit Petition to USCIS Stage 3: Fingerprint EAD/AP Issuance Stage 4: Approval


TIME FRAMES

Stage 1 to Stage 2:about 3 months Stage 2 to Stage 3:about 2 months Stage 3 to Stage 4:about 1-6 months(depending on whether you use premium processing)


EXCEPTIONS & NOTICE

A. Premium Processing is applicable (15 day result on I-140 at the extra fee of $1,225) B. The time period between Stage 1 and Stage 2 may vary case by case due to the complexity of your s     extraordinary ability C. Although the regulations do not restrict the level of reputation of your extraordinary ability, there will     be less chance of approval unless your reputation is an international level D. Many O visa holders believe that they are sufficiently qualified for the EB-1 category based on their O visa     approvals. However, the standard of EB-1 is slightly higher than O visa standard
EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

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