What are the differences between an NIW and an EB-1?
While there are many similarities between an alien who qualifies for an NIW petition and an EB-1(a) or EB-1(b) petition (EB-1(c) is quite different), the qualifications for each of the different petitions is actually distinct. In an NIW petition, the alien seeks first to show that he/she is a highly qualified individual in his field (i.e. “Advanced Degree Professional” or “Alien of Exceptional Ability”). He/She also claims to have the capacity to contribute to the national interest to a greater degree than other highly qualified individuals in the field. Thus, the waiving of the standard job offer and labor certification requirement is warranted. By contrast a person who qualifies in an EB-1 category must show that he/she is a top or outstanding individual in his/her field. According to U.S. immigration law a top or outstanding individual is not required to get a labor certification to achieve employment based permanent residency. Please click here to learn more about EB-1.
