I don’t know where to start. The two relatively unpopular immigration categories, namely, EB1A outstanding talents and NIW national interests exemptions, have become popular immigration channels in the market. Especially with the successive promotion of overseas institutions with sales as the king, many ordinary families with ordinary work backgrounds and no special achievements are also eager to try.
Recently, in addition to many friends coming to consult, many people have also submitted their resumes to provide evaluation suggestions. During the docking consultation process, we found that many friends had many questions about the application requirements and differences between EB1A and NIW.
Many people simply think that EB1A is higher, while NIW is not so high. But is it really that simple to distinguish? Today, let’s explain the difference between the two in detail on your question. The article may be a bit long, remember to collect and like it!
1, Similarities between EB1A and NIW
◉No language and age requirements;
◉No industry restrictions and employer guarantee requirements;
◉No asset scale, investment and employment requirements;
◉No step in place to obtain a 10-year US permanent green card;
◉One person applies, can bring your spouse and under 21 Unmarried children who are one year old immigrants at the same time;
2. The difference between EB1A and NIW
1, application conditions and thresholds are different
EB1A is the first priority category for immigration based on employment, and is a subcategory of EB1. It is mainly applicable to individuals with extraordinary abilities in science, art, education, business or sports. applicants must prove that they have received continuous praise or influence nationally or internationally, and their achievements have been widely recognized in their professional fields.
At the same time, applicants also need to prove that they are one of the few people who have reached the highest level in the professional field they are good at. In addition, applicants need to confirm that they still plan to continue working in areas with outstanding abilities after they immigrate, and will bring substantial benefits to the United States in the future.
There are two ways to prove your Extraordinary Ability:
1. Provide evidence of one-time achievements (such as Pulitzer Prize , Oscars, Olympic medals, etc.);
2. The evidence submitted meets at least three of the following 10 evidence.
1. Has won national or international awards;
2. Member of professional associations;
3. Influential media has reported on applicants and their achievements;
4. He has served as a judge in his field;
5. He has made important contributions to continuous originality and originality in his field;
6, journals and other important media have published professional works, such as academic papers, Books, academic articles, etc.;
7, hold exhibitions of works or other display activities;
8, hold important positions or key roles in a reputable work organization or professional organization;
9. Salary, remuneration or treatment is much higher than other peers;
10. Business success in performance and art, with box office revenue, DVD, etc. sales volume proof;
at least three of the ten items are met, and the evidence must be around "Extraordinary" Ability” to expand. At the same time, applicants need to provide evidence that they can still achieve "Extraordinary Ability" compared with professionals in the same field across the country, not just to make up the conditions and quantity. Otherwise, it is easy for the immigration officer to admit that the applicant has three basic conditions for three of the ten evidences, but believes that the applicant's ability does not meet the "Extraordinary Ability" level and ultimately refuses to apply.
So, don’t ignore the requirements of “Extraordinary Ability”, but don’t be intimidated by the standard “Extraordinary Ability”. What we need is to let immigration officials see that they have extraordinary abilities and continuous reputation in the subdivided fields, and have the opportunity to continue to shine in the field after going to the United States, and ultimately, they must be able to create space for imagination that can create benefits and value for the United States. Of course, in addition to the 10 evidence mining that meets 3 items, how to accurately locate talent categories, evidence classification and clear evidence logic are all major prerequisites for successful approval, and none of them are indispensable.
NIW (Nation Interest Waiver) is the second priority category for employment-based immigration in the United States. It belongs to a subcategory of EB2 and is suitable for advanced Degree or outstanding talents from all walks of life. Applicants need to prove that they meet high education or Exceptional Ability first, and then provide evidence that they are eligible to exempt the labor certificate license.
Secondly, by demonstrating the applicant's excellent abilities and past outstanding achievements, it is more in line with the interests of the United States than submitting an application by a qualified employer. This is the key to the approval of NIW's review. Through a large number of successful case analysis, NIW's application category favors people with high education, especially those with a doctorate degree or above, which has more advantages in applying for NIW.
The requirements for high education are as follows:
1. Have a master's degree or above from an American university
2. Have a master's degree or above from a foreign university
3. Have a bachelor's degree from an American or foreign university
and also have more than 5 years of work experience in professional related fields
Prove that you have excellent abilities (Exceptional) Ability), seven items meet at least 3:
1. Have professional studies in science, art, and business fields, and have academic qualifications;
2. Have professional qualification certificates for related professions;
htt ml73. is an association member of some professional field associations;
4. Previous employers can prove that they have more than ten years of work experience in related fields;
5. Service remuneration and work treatment can reflect special abilities. ;
6. In the industry, there have been achievements and important contributions recognized by industry insiders, government organizations, professional associations and commercial organizations;
7. Other materials that can prove the applicant's achievements in this field;
Specially stated that
1, the ten standards of EB1A and the seven standards of NIW have in common. There are 2 standards: professional association members and high salaries. It is best for associations to be national professional associations with entry thresholds. High salaries also need to be compared with professionals of the same level in the country, and even the salary levels of similar professional positions in the United States. In addition to proving that you have a high income, you also need to provide evidence of income and salary of other professionals at the same level;
2. The sixth item proves that you have achieved and important contributions recognized by your peers in the industry. You can provide recommendation letters, media reports, commercial contracts for technology use, etc. as supportive evidence by providing recommendation letters, media reports, and commercial contracts for technology use in different fields in the industry. This is also something similar to EB1A. The difference is that the standard of NIW will be lower than EB1A.
3, advanced degree, relevant professional qualifications, and less than ten years of work experience in related fields can actually meet the three standards. But in actual case applications, it is not enough to satisfy the quantity. The key to NIW's approval is how to prove that it has the ability to bring benefits to the United States, and this space of imagination of interest or value is enough to make USCIS officials believe that labor permits can be exempted. The
proof and explanation process is actually not low, which is why not everyone is suitable for applying for NIW, and some people are even only suitable for applying for EB1A. For example, some artists or practitioners in the cultural industry who have achieved average achievements are very difficult to prove that they meet the NIW application requirements.
4. Although the achievements are average, but with high education, professional ability or scientific research direction in line with the United States' industrial development plan, it is easier for people to obtain approval.
2. The schedule is different, and the application period for green card is also different
EB-1A is the first priority professional immigration category A in the United States. It has not been scheduled since April 1, 2021. There is no schedule, so the application cycle is naturally faster and there are more options for application methods. NIW is the second priority category for employment-based immigration in the United States, and is subordinate to a subcategory of EB2. As of October 1, 2022, NIW's priority rank is March 1, 2019, and the total rank will take about 3-4 years.
3, green card identity adjustment methods are different
As we all know, while waiting for the results, immigration applicants can choose to go to the NVC to interview the consulate, or choose to apply for a direct way to adjust their identity in the United States. Since EB1A is currently not scheduled, as long as the applicant has a legal US sign-in to the United States, he can directly submit the I-140+485+765+131 application form in the United States. After acceptance, he can directly apply for adjustment of his identity and obtain a green card in the United States; he can also take the traditional route, and after the application file is approved by I-140, he will be transferred to the NVC National Visa Center, and then transferred to the US Consulate in Guangzhou for an interview.
EB1A Because there is no schedule, you can choose between the two green card identity adjustment methods. For NIW, it is more common to use NVC and consulate to obtain immigration visas. The applicant will transfer to NVC after approval of 140, and the scheduled schedule B can only start the work in the NVC stage. After receiving the NVC's review letter, you have to wait until the schedule A is here before you can arrange an interview. Of course, NIW can also be selected in both ways, but you must wait until the schedule is reached before you can apply for I-485. Therefore, in terms of time cost, NIW will be higher, and in choosing the identity adjustment method, it is not as flexible as EB1A.
4, expedited service I-907 scope and processing cycle are different
Although both EB1A and NIW can apply for expedited, the expedited fee is currently 2,500 US dollars, but the scope of application is different, and the expedited processing cycle is also different.
EB1A is not subject to the submission time, and all applicants can apply for expedited application through I-907. You can submit it with I-140, or you can apply for expedited time while submitting I-140 waiting for review. At present, the EB1A emergency processing time is 15 days. Due to the choice of emergency processing and there are clear processing time limits, many urgent cases will produce results within 1-2 weeks, and some cases with relatively sufficient conditions will receive the approval letter in 2-3 days.
NIW's expedited service was only implemented in June this year, and its scope of application is to be relaxed step by step. As of September 15, 2022, I-140 submitted before February 1, 2022 can apply for expedited service. Currently, the emergency treatment cycle of NIW is 45 days. Similarly, if the evidence conditions are sufficient, the approval time will be faster.
To sum up, EB-1A is suitable for top people in various industries and is willing to continue to exert their abilities in the fields they are good at and create value for the country and society after going to the United States.
and NIW have educational requirements, and applicants need to prove that their abilities and future development of their professional fields are more in line with the national interests of the United States, and they can use their abilities and experience to create more value for the country in their field. Both have the same effect, and there are obvious differences in careful analysis.
According to the data analysis currently released by the U.S. Immigration Bureau , talents in the STEM category are still very popular, and the quota is also very abundant.
If you need to deeply evaluate whether your background conditions meet the application qualification, or have other questions about the application requirements of EB1 or NIW immigration programs that you want to know more, please feel free to ask a question in the comment area~
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