What is the difference between an NIW and an EB1 Outstanding Researcher or Professor petition?
While there are many similarities between an alien who qualifies for an NIW petition and an EB1 Outstanding Researcher or Professor petition, the qualifications for each petition is actually different. In an NIW petition, the alien seeks to show that he/she is a highly qualified individual in his field, with Advanced Degree and Exceptional Ability, and also claims to have the capacity to contribute to 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 EB1 Outstanding Researcher or Professor petition must show that he or she is an outstanding individual in an academic field. According to U.S. immigration law, an outstanding individual is not required to get a Labor Certification to achieve employment based permanent residency.
Related Questions
- What is the advantage of applying for NIW over EB1 Outstanding Researcher or Professor? If I am not a member of any professional association or society in my field, may I still apply for a NIW?
- If I have a choice between filing an Alien of Extraordinary Ability and filing an Outstanding Researcher or Outstanding Professor petition, which petition should I choose?
- What is the difference between an NIW and an EB1 Outstanding Researcher or Professor petition?