Who Qualifies for EB-2 NIW and EB-1A?

Do you believe that you have an extraordinary ability within a particular field? Are you looking to immigration to the United States?

Either visas EB-1A or EB-2 NIW may be the best suited visas for you. There are different qualifications that must be met for each individual visa, so it is vital that you choose the one that is best for yourself.

  • What is EB-1A?

EB-1A is under the main category of the EB-1visa, an employment-based green card. In order to qualify for this type of visa category, you must be gifted in the field of sciences, arts, education, athletics, or business. You must prove your expertise in the field and how the United States would benefit with your intended work within the field.

  • EB-1A Qualifications:
  • 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
  • EB-1A Advantages:

-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 has been made, the Administrative Appeals Office or (AAO) is able to reexamine and possibly appeal their case.

  • What is EB-2 NIW?

EB-2 NIW is an employment-based, second preference visa that allows the applicant to self-petition by proving that their admission to the United States would be in the national interest of the nation. It does not require any kind of employment offer or sponsorship.

  • EB-2 NIW Qualifications:
  • Education requirements are met
  • 5+ years of experience in specialized field
  • Any advanced degrees
  • Any memberships
  • Any certificates of achievement
  • Letters from employers (recommendation)
  • Licenses of practice in specialized field
  • 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
  • EB-2 NIW Advantages:

-No sponsor necessary

-No employment offers necessary

-No labor certificate necessary

-Majority of visas are attainable in most countries

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.

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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