-
- USA
- EB-1/NIW
EB-1/NIW
EB-1/NIW Employment-Based Immigration
EB-1/NIW Employment-Based Immigration
The EB-1 visa, the highest priority employment-based immigration category, targets individuals with extraordinary abilities recognized nationally or internationally in the fields of science, arts, education, business, or athletics. EB-1 covers persons with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. Applicants must submit documentation and petitions proving their abilities, achievements, or positions to the USCIS for approval and obtain a green card.
The National Interest Waiver (NIW) was created as part of the 1998 immigration law revision to attract highly skilled individuals and enhance U.S. national competitiveness. It falls under the EB-2 category. Normally, EB-2 applicants require a job offer and labor certification, but NIW allows applicants to self-petition without an employer by proving that their work substantially benefits the national interest of the United States. Spouses and unmarried children under 21 are also eligible to obtain immigrant visas along with the principal applicant.
Features
-
1. No employer required
Unlike most U.S. employment-based immigration categories that require an employer sponsor, EB-1 and NIW applicants can obtain immigrant visas by proving their own abilities without an employer.
-
2. Short processing time
The processing time for EB-1 and NIW is typically within one year, which is shorter compared to other immigrant visas.
-
3. Immigrant visas for spouse and children
Not only the spouse but also unmarried children under 21 can obtain immigrant visas together, allowing children to receive education in the U.S.
-
4. Stable acquisition of immigrant visa
Unlike cases requiring an employer where job stability may be uncertain, or EB-5 investors who face risks of capital loss or difficulty in removing conditions on conditional green cards, EB-1 and NIW applicants can acquire immigrant visas more securely as long as they meet the eligibility criteria.
-
5. Lower cost
While EB-5 investor visas require large investment amounts and fees, EB-1 and NIW only require payment of application fees, making them more affordable options.
-
6. Long-term stay in home country possible
After obtaining the immigrant visa, applicants can apply for re-entry permits and stay in their home country for about 4 to 6 years while continuing their existing work.
Important Notes for the Process
U.S. immigration policies have been gradually tightening due to factors such as the 9/11 attacks and economic slowdown, making it increasingly difficult to obtain immigrant visas. Except for EB-5 (investment immigration), eligibility for immigrant visas often requires not only objective evidence but also subjective judgment by USCIS service centers. As a result, document requirements and evaluation outcomes may vary depending on the service center’s location.
To obtain approval for EB-1 and NIW immigrant visas, applicants must prove that they possess distinctive or higher-level skills, experience, and knowledge that set them apart from ordinary professionals. Therefore, documents and recommendation letters regarding the applicant’s expertise are thoroughly reviewed, and strict standards related to the U.S. national interest are applied. This has led to cases where applicants with qualifications similar to previously approved individuals are recently denied, and denial cases have significantly increased. This trend is largely due to applicants underestimating the process, submitting insufficient evidence, or relying on inexperienced companies or attorneys.
Because of these complex and subjective criteria, it is very important to prepare evidence that meets EB-1 and NIW adjudication standards and provide appropriate explanations. For successful EB-1 and NIW immigrant visa acquisition, we highly recommend consulting with Daeyang’s experienced attorneys who have a proven track record across various EB-1 and NIW cases.
Eligibility Requirements
EB-1 Eligibility Criteria
“Extraordinary ability” refers to individuals who have achieved national or international acclaim in the fields of science, arts, education, business, or athletics — for example, Nobel Prize winners or Olympic medalists. However, such cases are extremely rare. Therefore, an applicant who meets at least three of the following criteria is considered qualified. If the applicant does not meet these criteria, they may submit other comparable evidence. Since no employer sponsorship is required in this category, the processing time is faster, but it requires extensive documentation and proof of qualification, which can be challenging.
- Awards that recognize the applicant’s excellence, even if not widely known nationally or internationally
- Membership in associations that require outstanding achievements from their members in the field
- Published material about the applicant’s work in professional or major trade publications or media
- Evidence that the applicant has judged the work of others in the same or related field, either individually or on a panel
- Evidence of original contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media
- Display of the applicant’s work at artistic exhibitions or showcases
- Significant roles held by the applicant in distinguished organizations
- Evidence that the applicant commands a high salary or other significantly high remuneration compared to others in the field
- Commercial success in the performing arts
Refers to individuals internationally recognized for their outstanding academic achievements in a specific field. To qualify, the applicant must have international recognition in their area of expertise and at least three years of experience in teaching or research. They must hold a tenure or comparable position at a university or higher education institution, or hold a comparable research position. If the employer is a private company rather than an academic or government institution, the applicant must employ at least three full-time researchers and demonstrate academic achievements. In this case, the U.S. employer (such as a university or research institution) must file a petition with USCIS. The applicant must meet at least two of the following criteria to qualify:
- Receipt of major awards for outstanding achievements
- Membership in associations that require outstanding achievements
- Published material about the applicant’s work in professional journals by others
- Evidence of judging the work of others in the field
- Evidence of original scientific or scholarly contributions
- Authorship of scholarly books or articles in international journals
Applicants working for multinational companies who meet the following criteria are eligible. The U.S. employer (which must have been doing business for at least one year and must have previously employed the foreign national or be an affiliate or subsidiary) must file a petition with USCIS:
- The applicant must have been employed outside the U.S. for at least one of the past three years in a managerial or executive capacity
- The employment outside the U.S. must have been at a managerial or executive level, and the applicant must continue to be employed in the same capacity with the same employer, affiliate, or subsidiary upon entry to the U.S.
NIW Eligibility Requirements
The National Interest Waiver (NIW) is filed without an employer, and since there is no clearly defined legal standard for eligibility, the review process is strict. Therefore, it is necessary to consult in advance to determine whether the applicant meets the eligibility criteria and to prepare supporting documentation accordingly. The applicant must satisfy at least three of the following criteria, and clear evidence must be provided to prove eligibility:
- A bachelor’s degree or equivalent degree, certification, or accreditation from a university or an institution of higher education
- Recommendation letters from current or former employers verifying at least 10 years of full-time experience
- Licenses or certifications related to a specific profession or field
- Evidence of exceptional ability, such as proof of a high salary or other remuneration for services rendered
- Evidence of membership in professional associations composed of experts in the field
- Evidence of recognized achievements acknowledged by industry, government agencies, professionals, or economic organizations, demonstrating significant contributions to industry development or advancement
