EB-1A vs NIW: Complete Comparison Guide
Understanding the key differences between EB-1A (Extraordinary Ability) and NIW (National Interest Waiver) visa categories to help you choose the best option for your clients.
Quick Comparison Table
| Feature | EB-1A | NIW |
|---|---|---|
| Visa Category | EB-1 (First Preference) | EB-2 (Second Preference) |
| Labor Certification | Not Required | Waived |
| Job Offer Required | No | No |
| Processing Time | Faster (Premium available) | Slower (No premium) |
| Evidence Standard | Extraordinary Ability (3 of 10 criteria) | Advanced Degree + National Interest |
| Difficulty Level | Higher | Moderate |
Key Differences
1. Visa Category and Priority
EB-1A: First preference category, generally has shorter wait times and faster processing.
NIW: Second preference category, may have longer wait times depending on country of birth.
2. Evidence Requirements
EB-1A: Must meet at least 3 of 10 criteria demonstrating extraordinary ability. Higher standard of evidence required.
NIW: Must demonstrate advanced degree or exceptional ability, plus prove work is in national interest. More flexible evidence requirements.
3. Processing Options
EB-1A: Premium processing available (15 calendar days), making it faster for urgent cases.
NIW: No premium processing available, standard processing times apply (6-12 months typically).
Which Visa is Right for Your Client?
Choose EB-1A if:
- ✓ Client has exceptional achievements (awards, publications, recognition)
- ✓ Meets 3+ of the 10 EB-1A criteria
- ✓ Needs faster processing (premium available)
- ✓ Has strong evidence of extraordinary ability
- ✓ Works in arts, sciences, business, education, or athletics
Choose NIW if:
- ✓ Client has advanced degree or exceptional ability
- ✓ Work has clear national interest component
- ✓ May not meet all EB-1A criteria
- ✓ Can demonstrate significant impact in their field
- ✓ Works in STEM, healthcare, or other critical fields
Can You File Both?
Yes, it's possible to file both EB-1A and NIW petitions for the same client. This strategy can:
- Increase chances of approval (if one is denied, the other may be approved)
- Provide backup options if one petition faces delays
- Allow flexibility in case circumstances change
However, filing both requires careful coordination to ensure consistency and avoid contradictions between the two petitions.
How VisaMate Helps
VisaMate supports both EB-1A and NIW petition workflows:
- Criteria Evaluation: Automated scoring for EB-1A criteria and NIW requirements
- Evidence Management: Unified system for organizing evidence for either visa type
- Petition Drafting: AI-assisted drafting tailored to EB-1A or NIW requirements
- Risk Assessment: Early identification of potential issues for both visa types