EB-1 vs. NIW Green Cards: How Do I Choose?

For extraordinary ability you must prove you are at the very top of your field.

Many researchers and academics who choose to self-petition for the green card based on their research accomplishments are often confused about which path to take between either the extraordinary ability (EB-1) category or national interest waiver (EB-2). Our rule of thumb is as follows: If your achievements are enough to put you at the very top of your field, and your evidence is sufficient to satisfy three of the categories for researchers, then EB-1 makes sense.

However, and what is usually the case, if the research itself is geared towards health, education, economic growth and the environment, and if your research achievements are very good but may not yet have reached the status of being at the very top of your field, then NIW is probably the best path to follow.

For researchers from India and China, which are backlogged in the EB-2 NIW category, we make an extra effort to explore ways to make an EB-1 petition successful. As of today, EB-1 is current across all countries.


Article categories: NIW/EB-1/Outstanding Researchers and Professors

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