What is the difference between an NIW and an EB-1?
While there are many similarities between an alien who qualifies for an NIW petition and an EB1A or EB1B petition, the qualifications for each of the different petitions is actually distinct. In an NIW petition, the alien seeks first to show that he or she is a highly qualified individual in a field, and also claims to have the capacity to contribute to the U.S. national interest to a greater degree than other highly qualified individuals in the field, thus warranting the waiver of the standard job offer and Labor Certification requirement. By contrast, a person who qualifies in an EB-1 category must show that he or she is a top or outstanding individual in a 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.
