Strong qualifying institutional position
EB1B may be especially attractive when the researcher has the required international recognition and a qualifying permanent research or teaching position with an eligible employer.
EB1B for Researchers →EB1B and NIW can both be strong researcher classifications, but they solve different problems. EB1B is built around a qualifying employer, qualifying position, experience and international recognition. NIW allows the researcher to focus on a nationally important proposed endeavor without depending on a sponsoring employer.
EB1B may be especially attractive when the researcher has the required international recognition and a qualifying permanent research or teaching position with an eligible employer.
EB1B for Researchers →NIW may be attractive when the researcher’s proposed endeavor extends across projects, institutions or collaborations and the NIW requirements can be established.
NIW for Researchers →EB1B may deserve serious consideration.
NIW may provide a more natural framework.
The NIW structure may be strategically relevant.
Preference category is only one strategic factor. Eligibility and the researcher’s actual circumstances should determine which petition is appropriate.
Potentially. The categories have separate legal requirements and may be evaluated independently.
NIW does not contain the same standalone three year research or teaching experience requirement as EB1B.
EB1B does not use the Dhanasar proposed endeavor framework used for NIW petitions.