EB-2 (NIW) vs. EB-1 (A): Choosing the Right Visa for Extraordinary Ability Immigration

If you possess exceptional abilities and aspire to immigrate to the United States, the EB-2 (NIW) or EB-1 (A) visas may suit your needs. Understanding the distinct requirements of each visa category is essential to make an informed decision.

EB-2 (NIW) Overview: EB-2 (NIW) is an immigrant visa that doesn’t necessitate sponsorship. It offers lawful permanent residency in the U.S. without requiring any employment offer.

EB-2 (NIW) Qualifications:

• No employment offers or labor certificates required.
• Attainable in most countries.
• No specific citation or publication quotas determined by USCIS.
• Professional legal guidance from experienced attorneys is crucial to understanding individual case needs.

EB-1 (A) Overview: EB-1 (A) is a sub-category of the EB-1 Employment-based Green Card. Individuals must exhibit exceptional abilities in sciences, arts, education, athletics, or business.

EB-1 (A) Qualifications:

• Evidence of exceptional abilities in specified fields.
• Documented confirmation of achievements.
• Membership in specialized fields.
• Intention to work in the same field in the U.S.
• National or international acclaim.

EB-1 (A) Benefits:

• No employment offers or labor certificates required.
• Self-petitioning option available.
• Process initiation upon I-140 approval.
• Green Card issuance upon arrival in the U.S.
• Disregards preference-based system.

Rejection and Appeal: If an application is rejected or denied, applicants may refile depending on the cause. Missing information or unaudited cases might be reasons for refiling. However, rejections due to criminal history may require a different approach. Refiling fees are applicable, and the Administrative Appeals Office (AAO) offers an opportunity for case reevaluation and appeals.

Consult Legal Experts: EB-2 (NIW) and EB-1 (A) entail distinct qualifications and requirements. Seek guidance from experienced attorneys to navigate visa selection and application processes effectively.

Disclaimer: This blog provides information and does not constitute legal advice or establish an Attorney-Client Relationship. Contact the law offices of attorney Ramona Kennedy for further assistance.

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For personalized legal guidance, Attorney Ramona Kennedy offers free initial legal consultation in English and Farsi (Persian) to address your legal concerns effectively.