Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Deciding between EB1A and NIW


I am working as a postdoc in Electrical Engineering at University of California Berkeley for the last 4 years. I am planning to apply for Green Card either under EB1A or NIW category. I was going through your website and found a lot of useful information about the Green Card process. However, I would like to know if EB1A or NIW is better for me. Before I decide to buy one of these DIY packets, I would appreciate if you could give me a quick feedback on the category in which I would most likely be successful. My resume is attached with the email. 

Also, could you please let me know the qualifications of the people preparing the packets or performing application reviews? How large is the team and what is their experience in handling EB1A / NIW applications? 
Thanks and best regards,
You have a very good chance in either one of the two categories. You would be able to satisfy 3 USCIS requirements either in EB1A or NIW. For EB1a you would need to show that a) you are a top expert in your field b) and there is a sustained interest in your expertise / work ( your citation and reviewership can show this).For NIW you need to show that you work is in the US national interest (which typically is true for most technical research.)
Generally NIW is easier than EB1a. In your case you should also take into account application processing times. If you NOT BORN in India or China we suggest NIW otherwise EB1A. 
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

2 Responses to Deciding between EB1A and NIW

  • Mansoor Zoveidavianpoor says:

    I born in Middle East and currently working as assistant professor in a university located in Malaysia.

    with a PhD in petroleum engineering, I’ve published more than 45 peer-review journal papers and a citation of about 300.

    As far as I know, there is no need for an employer or labor certification for applying for EB2-NIW.

    So, I would appreciate if you could give me a feedback on my eligibility and success rate of my application.

    Thank you for your time and consideration.


    • Tigran Kalaydzhyan says:

      Hi Mansoor,

      You credentials look good. The important part of NIW petition is establishing the intrinsic merit of your research. Please refer to our free e-book by the link below to see if it is possible to explain how your field is important for the U.S. Please feel free to ask further questions in this thread.

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