Frequently Asked Questions
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
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.