Self-Petitioning for a Green Card: EB1A vs EB2 NIW, Which Green Card Option Suits You Best?
In employment-based green card categories, the EB1A vs EB2 NIW offer specific advantages, such as no job offer and labor certification required. Thus, many people have been confused about choosing between these two green card options.
Therefore, in this blog, we will discuss the EB1A and EB2 NIW green card requirements and their advantages, which will help you make a decision easily. Let’s begin with the eligibility requirements of EB1A vs.EB2 NIW:
EB1A Visa Requirements
To qualify for the EB1A visa, you must showcase your expertise in diverse fields such as arts, science, education, business, and sports. There are two ways to prove your extraordinary ability:
1. If you have received one-time achievement awards, such as a Nobel Prize or Grammy Award, you qualify for the EB1A visa. or
2. You must meet at least three EB1A criteria out of 10 EB1A criteria set by USCIS and satisfy the final merits determination phase.
The EB1A 10 criteria are:
1. Proving that you have received lesser nationally or internationally recognized awards.
2. Proving that you are a member of associations that require outstanding achievement.
3. Proving that your accomplishments are covered in major media or professional publications.
4. Proving that you have judged others’ work either individually or in a panel.
5. Proving that you have done original work which is of major significance to the field.
6. Proving that you have authored scholarly articles published in professional trade or major trade publications or major media.
7. Proving that your work has been displayed in artistic exhibitions or showcases.
8. Proving that you have performed a leading or critical role in an organization.
9. Proving that you have been receiving a high salary compared to peers in your field.
10. Proving that you have received commercial success in the performing arts.
During the final determination phase, you must demonstrate that you have received sustained national or international acclaim, and your accomplishments have been recognized in your field of expertise.
EB2 NIW Requirements
To qualify for EB2 NIW, you must first meet the general EB2 requirements, and then satisfy additional criteria for EB2 NIW or a national interest waiver. Begin by addressing the EB2 requirements, which can be met in two ways:
1. Possess an advanced degree or a bachelor’s degree along with 5 years of experience in the field. or
2. Prove exceptional ability by meeting at least three of the following criteria:
- Academic record showcasing your degree, certificate, diploma, or similar award from a college, school, or institution in your area of expertise.
- 10 years of full-time experience in the field.
- Professional license to practice your occupation.
- Proof of receiving a high salary demonstrating extraordinary ability.
- Membership in a professional association.
- Demonstrate that your achievements and significant contributions are recognized by peers, government entities, businesses, or professional organizations.
To qualify for an NIW waiver in the EB2 category, USCIS conducts a three-prong test:
1. They determine whether your proposed endeavor is of substantial merit and national importance.
That being said, the work you undertake in the US should be beneficial to the field and create a valuable impact on the country.
2. They assess whether you are well-positioned to advance the proposed endeavor.
That said, you possess things such as skills, expertise, education, future activities, etc., to demonstrate that you are capable of doing the proposed work.
3. On balance, it would be beneficial to the US to waive the requirements of a job offer and labor certification. In determining whether you satisfy this prong, USCIS considers several factors:
- It is impractical to obtain a job offer or labor certification.
- Even though qualified US workers are available, your work is still critical to the US.
- Your work is time-sensitive, and undergoing the PERM process will cause a delay.
Advantages of EB1A over EB2 NIW
Both EB1A and EB2 NIW green cards can be self-petitioned without the need for a job offer and the PERM process. Let’s compare EB1A vs EB2 NIW to help you make a more informed decision about your green card option:
Green Card Wait Times
EB2 NIW falls under the EB2 category, with green card wait times for Indians exceeding decades. According to the Cato Institute, a new green card applicant from India applying under the EB2 and EB3 categories would need to wait 134 years to obtain their green card.
In contrast, EB1A has shorter wait times compared to the EB2 category.
Final Action Dates for EB1A vs. EB2 NIW
The final action dates for the EB1A category progress more rapidly. Despite a retrogression in the August bulletin, the final action dates for the EB1 category advance several years in the January visa bulletin. However, in the case of EB2, the advancement is only by months.
Can You File EB1A and EB2 NIW Simultaneously?
Yes, you can submit EB1A and EB2 NIW concurrently. However, the requirements for EB1A and EB2 NIW are different. Therefore, the preparation and the documents you need to submit vary for EB1A and EB2 NIW petitions.
If you don’t have time to prepare for EB1A and want to extend your H-1B status with your approved I-140, you can opt for EB2 NIW when you meet its requirements.
Once you get I-140 EB2 NIW approved, you can prepare for EB1A to fast-track your green card process, and you can also reuse your EB2 priority date for EB1A.
Conclusion
EB1A not only offers a direct path to permanent residency but also enhances your career reputation. Although EB1A requirements are higher, if you are willing to put effort in the right manner, you can build a compelling EB1A profile.
We hope this blog will give you a comprehensive idea of EB1A vs EB2 NIW; decide wisely so that you can get your green card faster and realize your dream in the US.
Moreover, EB1A does not require a higher job title, an advanced degree, or work experience; all you need to prove is your expertise in your field. If you are seeking comprehensive guidance and support throughout your EB1A journey beyond professional coaching, check out our Smart Green Card VIP plan.
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