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The Difference Between the Extraordinary Ability Visas (EB2 NIW and EB1 A)

If you believe that you have been gifted with an extraordinary ability within a certain field and are seeking to immigrate to the United States, then EB-2 (NIW) or EB-1 (A) may be the right visa for you. However, there are different requirements so it is substantial to educate yourself on which one may be more suitable for you.

EB-2 (NIW) is an immigrant visa that does require sponsorship, it is designed to grant lawful permanent residency without the requirement of any kind of employment offer within the United States.

  • Qualifications of EB2 (NIW)
  • Education requirements are met
  • Three-prong test in Matter of Dhanasar decision including:
  • National importance is something that the applicant possesses
  • Being able to advance the proposed endeavor is something that the applicant is capable of doing
  • Great benefits that are within the national interest of the United States
  • Benefits of EB-2 (NIW)
  • -No sponsor necessary
  • -No employment offers necessary
  • -No labor certificate necessary
  • -Majority of visas are attainable in most countries

There is also no specific number of citations or publications required from the USCIS for an EB-2 (NIW), it is decided from case to case. This makes is very crucial to seek professional assistance from an experience attorney in order to better understand your specific case and its needs.

EB-1 (A) is a sub-category within the EB-1 Employment based Green Card. An individual is qualified for the EA category is someone who must be gifted in one of the following areas:

  • Sciences, arts, education, athletics, or business

The applicant must intend to work within the same field within the United States as he or she is applying with and be able to demonstrate how their expertise within the subject could benefit the US.

Qualifications of EB-1 (A)

  • Provide evidence of great ability within the listed areas above
  • Have documented confirmation of the applicant's achievements as evidence that they are indeed gifted within their field
  • Evidence of any membership associated with specialized field
  • Work within specialized field once admitted to the United States
  • Acquire national or international acclaims
  • Benefits of EB-1 (A)
  • -No employment offers necessary
  • -Foreign national is able to petition for themselves
  • -Once I-140 is approved, the process can begin
  • -No labor certificate necessary
  • -Once arrived in the US, the foreign national with then receive his or her Green Card
  • -Applicant is able to disregard the preference-based system
  • If your application is rejected or denied, you are still able to refile depending on the purpose of the rejection or denial. In some cases, there is missing information, or an officer has not yet evaluated your case. However, if there has been a denial due to a criminal record history than refiling may not be sufficient. Refiling fees are also necessary in order to move forward with the application. If an applicant believes that a mistake as been made, the Administrative Appeals Office or (AAO) is able to reexamine and possibly appeal their case.

EB-2 (NIW) and EB-1 (A) are quite different as there are separate qualifications and requirements associated with both visas. Seek legal advice from an experienced attorney that can guide you with your specific case and decision regarding which visa would be best for you.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA). Ramona Kennedy is the lifetime, honorary member of the US Supreme Court's Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).

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