Are you looking to immigrate to the United States but don’t have a U.S.-based sponsor? If you have heard about these two categories and are unsure which one is right for you, keep reading—this article will provide valuable insights to help you make a decision.
- What is the EB-2 National Interest Waiver (NIW)?
The EB-2 NIW is an employment-based immigration category that allows foreign nationals who can demonstrate exceptional abilities in the sciences, arts, or business and an advanced degree to self-petition for a green card (permanent residency) without the need of a job offer.
- How to qualify for EB-2 NIW?
- Advanced Degree or Exceptional Ability: You must hold a master’s degree (or bachelor’s degree plus five years of experience) or prove exceptional ability in your field.
- A Clearly Defined Proposed Endeavor of National Importance: Your endeavor must contribute significantly to business, science, technology, health, education, or culture while aligning with U.S. national priorities. It should create jobs, improve society, or drive innovation.
- Well-Positioned to Succeed: You must showcase your academic background, work experience, and past successes using expert recommendations, government or industry endorsements, and proof of funding or investor interest to demonstrate your ability to execute your plan.
- Benefit to the U.S.: You must highlight how your endeavor supports economic growth, security, or innovation, and show real-world impact through job creation or technological advancements.
For concrete examples of successful cases, explore our articles: “Successfully Securing an EB-2 National Interest Waiver (NIW): The Case of a Scientist Recycling Rare Materials” and “The Successful EB-2 NIW Case of a Bioinformatics Specialist Advancing Sustainable Agriculture.”
- Common challenges of the EB-2 NIW
- Lack of a Clearly Defined Proposed Endeavor: Failing to present a concrete plan or project.
- Difficulty Demonstrating National Importance: This can be challenging if your field is not traditionally seen as aligning with U.S. national priorities such as economic growth, public health, or technological advancement.
- Insufficient Evidence of Future Impact: Without a clear business plan or proof of ongoing contributions, it is difficult to demonstrate the long-term value of the proposed endeavor.
- Lack of Evidence of Funding or Support: Strong EB-2 NIW cases often involve securing funding from U.S. government agencies and/or attracting interest from potential customers.
- What is the EB-1A Extraordinary Ability Visa?
The EB-1A is for individuals who have achieved extraordinary ability in their field—whether in the sciences, arts, education, business, or athletics.
- Eligibility for EB-1A
To qualify for the EB-1A, applicants must prove that you have extraordinary ability by meeting at least 3 of the following 10 criteria (or provide equivalent evidence):
- Major internationally recognized awards (e.g., Nobel Prize, Olympic medal)
- Published material about you in major media or publications
- Membership in associations requiring outstanding achievements
- Judging the work of others in your field
- Original contributions of major significance to your field
- Authorship of scholarly articles
- Artistic exhibitions or showcases
- Leading or critical role in distinguished organizations
- High salary or compensation compared to others in the field
- Commercial success in the performing arts
- Common challenges
- Inability to Meet the Eligibility Criteria: Weak or insufficient evidence can lead to rejection.
- Insufficient Documentation of Achievements: General statements without concrete proof, such as media articles, award certificates, or expert recommendations, can result in denial.
- Failure to Prove Sustained National or International Recognition: USCIS requires evidence that the applicant’s work is recognized on a national or international level through awards, media coverage, or endorsements.
- Lack of a Clear Explanation of Your Benefit to the U.S.: USCIS needs to see how the applicant’s work will contribute to the U.S. in areas such as the economy, science, technology, or culture.
- Absence of a Concrete Plan to Continue Working in Your Field: A clear, well-documented plan showing how you will continue working in your field after immigrating is necessary.
- Deficiency to Address USCIS Requests for Evidence (RFEs): EB-1A cases tend to receive more RFEs than EB-2 NIW applications.
- Overlooking the “Final Merits” Test: USCIS must be convinced that your achievements demonstrate sustained national or international acclaim.
Read our article “Common Reasons EB-1A Applications Are Denied and How to Build Strong Applications” to discover how to overcome these challenges.
- Key Differences Between EB-2 NIW and EB-1A
| Criteria | EB-2 NIW | EB-1A |
| Eligibility Requirements | Advanced degree or exceptional ability | Extraordinary ability in the field |
| Eligibility Requirements | Focus on national interest and proposed endeavor | Higher standard, sustained acclaim |
| Employer Sponsorship | Not required | Not required |
| Processing Time | Generally slower than EB-1A | Faster processing (priority preference) |
| Labor Certification | Waived if national interest proven | No labor certification required |
| Major Achievements | Substantial merit in national interest | Extraordinary accomplishments, global recognition (national or international) |
| Complexity | Can be complex without a defined project or plan | Inability to Meet the Eligibility Criteria |
Immigration INTL Law can help you assess your qualifications, define your proposed endeavor (if applying for the EB-2 NIW), and determine the best strategy for a successful application.