Difference
between the EB2 NIW and the EB1 Extraordinary Ability Application

Hi
William,

I
want to know the difference between the EB2 NIW application and the
EB1 Extraordinary Ability application. What are the advantages of one
over other in case one applies and gets them approved.

I feel in NIW one is restricted
to work in a very narrow specific area where the approval happened. But
in
EB1 Extraordinary Ability, one is free to work in any area of one's
field- related or unrelated.
Please correct me if I am wrong and let me know your thoughts.Answer,

The EB2 National Interest Waiver (NIW) and all EB1 categories
(Extraordinary
Ability, Outstanding Researcher or Professor, and Multinational
Executive or
Manager) do not not require Labor Certification. For the EB2
Exceptional Ability
category (not EB2 NIW), your employer can submit the Form I-140
petition only after obtaining
the Labor Certification from U.S. Department of Labor.

The EB1-Extraordinary Ability and
EB2 NIW categories can be self-petitioned,
i.e., you do not even need an offer of employment and your employer's
sponsorship. But for EB2-Outstanding Researcher or Professor petition,
you need
a job offer and your employer's sponsorship.

The scope for NIW petition does not have to be very narrow. You can
submit both NIW and EB1-EA
petitions at the some time to increase your approval chance, if you
meet their
qualification requirements. If you are from a visa retrogressed
country, such as
India or China, then EB1 category is more desirable route, so the wait
for filing I-485
form is much shorter.