[Immigration Law] EB-1A vs. NIW: An Analysis of Differences Based on 2024 Immigration Law (Part 1)
U.S. immigration law provides various visa categories to offer opportunities to foreign talent. For professionals considering immigration to the United States, the EB-1A (Employment-Based Immigration) and NIW (National Interest Waiver) are significant visa options. While both visas cater to applicants with extraordinary abilities, their processes and requirements differ considerably. In this column, we will explore the key differences between these two visas.
Both the EB-1A visa (for individuals with extraordinary abilities in the sciences, arts, education, or athletics) and the NIW (National Interest Waiver for advanced degree professionals) are drawing considerable interest. Traditionally, employment-based immigration requires a sponsoring company, which involves significant time and effort. However, both the EB-1A and NIW categories allow applicants to apply without a sponsor. This column will examine the advantages offered by these visas and how they provide practical alternatives for individuals seeking employment-based immigration.
1. Processing Time
The EB-1A visa generally has open pathways, allowing applicants to file the I-140 petition and I-485 adjustment of status simultaneously. If processed within the U.S., the entire procedure typically takes about one year, during which applicants can obtain work authorization and travel documents. For those applying from Korea, the process can take 9 to 12 months after the I-140 is approved, as it goes through the Department of State procedures for an immigrant visa.
In contrast, the NIW cannot proceed to I-485 until the pathway is available, resulting in a minimum wait time of at least three years under current standards. This duration is also longer than that of the EB-1A when processed from Korea.
2. Obligation to Demonstrate National Interest
For the EB-1A visa, applicants do not need to prove how their activities contribute to U.S. national interests. This is a significant difference from the NIW, which requires applicants to demonstrate how they can contribute to the national interest.
3. Types of Applicants
Artists, athletes, and experts in specific fields typically find the EB-1A more suitable for their applications. These individuals can provide objective evidence of their extraordinary abilities, making the EB-1A, which does not require proof of national interest, a simpler option.
4. Objective Evidence and Criteria Compliance
The EB-1A visa requires applicants to meet at least three out of ten criteria to increase the likelihood of approval. If the applicant possesses substantial objective evidence, it may be easier to satisfy these requirements compared to the NIW, which demands complex arguments regarding national interest.
Both the EB-1A and NIW visas have unique advantages and requirements. The EB-1A can be processed relatively quickly and simply, particularly beneficial for artists and athletes. On the other hand, the NIW involves the challenging process of proving national interest but may be more appropriate in certain circumstances. Applicants must carefully choose the visa type that aligns with their specific situations.
In Part 2, we will continue to examine the main differences between these two visa categories under 2024 immigration law.
This column provides general legal information regarding immigration law and should not be interpreted as specific legal advice for individual situations. The laws and procedures applicable to each case may vary, and legal responsibility is not assumed based on the information provided in this column. For specific legal advice, it is essential to consult with an attorney.
We are committed to helping you achieve your immigration goals.
Chris W. Chong, Attorney
Email: [info@cchonglaw.com]
For individual legal consultations, please feel free to reach out anytime.
Toll-Free in the U.S.: (833) 256–8810 [Text messages are also accepted].
If you wish to call via KakaoTalk from Korea, please send your KakaoTalk ID and a brief description of your inquiry to [info@cchonglaw.com]. I will contact you after reviewing your email. The first 30 minutes of the initial call are free for consultations. Thank you for your interest. If you are in the U.S., please visit my website to schedule a consultation.
