Difference between Eb2 and EB1 status

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fair enough

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Hey guys, I am new into this site and thanks for it, really helpful.

My question is regarding the difference between EB2 and EB1 NIW applications.... What determines the differences, anyone knows?

Thank you!!
 
Hi, welcome to the forum.

I'm new to the business too. But I'll give you my opinioin.There are many sub catagories of these two types of visa. for EB-1 there is EB1-EA and EB1OR and some others. In NIW there is physician NIW or regular NIW. I am not going to explain those. I'm just going to tell you the basic differences between EB-1 and NIW

In EB-1 you have to prove that you are at one of the top most places of a certain trade. For an example being one of the most well known scientists in a certain subfield of a certain science. One of the ways to prove this is to win the nobel prize.Certain University Teachers/Researchers can apply for EB-1 with lesser standards if the University sponsors(EB1-OR)

In EB-2 NIW, You should be either a Post graduate degree holder or a person of extraordinary ability. While you don't have to be one of the top of your field, You have to prove that your work has been and will be to the national inerest.

Most people get confused on this. Eb-2 NiW is not a less stringent version of EB-1. Two types serves different purposes. It is a possibility that someones credentials may clearly show that his one of the top most of his field, but still may be unable to prove that his work is toward National Interest, making him eligible to Eb-1 but not to Eb-2 NIW. For an example, a biologist who have discovered a new species of local amphibians and done many publications on that is undoubtfully is the top of the subject, but he'll have difficulties of proving himself being of national interest. This is why some people get their EB-1 petition approved while the NIW get denied.

There are lot of controversial things about these visas. For example many say that one have to be at the top 2% of their field to get EB-1. By looking at certain people who actually obtained EB-1 I'd say this is not always the case.
 
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thank you very much for the information. I guess I qualify for EB-2 NIW.

I also wonder the importance of reference letters in this manner. Some people say that reference letters don't really matter, what counts is the letterhead and the officer just looks through those. Others say that the officers actually read them all and pay attention. Do you have any clue on which side is correct? Or maybe there is no standard and that's why the response time in people's app varies. I obtained 14 letters but now I think that is way too much :)
 
Well I'm clueless for that matter.

If you consider the rate of petitions filed, You'll see that if officers are going to read through all of these 200+ page petitions there going to be a huge backlogg. That is atleast my opinion.

So it is common sense to arrange things so that important points are visible at a glance.

Any way we'll wait for experts to comment on this first.
 
niwseek's response was accurate.
in terms of requirements they are almost the same, but their applications is quite different. Hence, the reference letters should reflect that. However, a well-written reference letter can serve both.
from what I understand, reference letters are very important and amongst few things that officers might take a good look at.
of course, you really don't want to submit all 14 of them.
 
Correct, you can submit maybe half the letters now and keep the other half in case you get an RFE. Letters are pretty important, for they allow the officer (insomuch as they care) to find out how unique your credentials are. There have been few RFEs where the officers actually refer to stuff written in letters and want more information, so you should definitely assume that the letters are read carefully.
 
It is extremely important how you present your case, primarily the cover letter. If the cover is boring and does not display passion or strong credentials, I seriously doubt the evaluator will look at your packet. There are tons of apps waiting for his attention.
Check the tips here: http://bit.ly/c1vrDl (NIW) and http://bit.ly/dophyK (EB1)
 
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Hi, thanks for carefully replying in this blog. I have question about possibilities for me to apply for EB1A. Here is brief about me:

PhD in Neuroscience from India.
Got postdoc in US on J1.
Applied for EB2-NIW in Jan 28th, 2010.
Got EB2-NIW approved Mar 30th, 2010.

My profile:
- Current Research: Stem cell transplantation and Neuroscience
- 11 Publications (1 review paper, 9 res papers), more than 20 citations
- News and Media reports (including LA times, Google news etc etc: >20, throughout the world)
- Book Chapters: 1
- Conference presentations >10
- Research fellowship: 1 (India)
- Poster award: 1
- Best research award: 2
- Accreditation to professional organizations: 4 (out of this: 3 are Invited or recommended affiliations)
- Research Grant (on Stem cells): 1
- Journal reviewer experience: for 3 international journals
- Total research experience (including 5 yrs of Phd): 10 yrs
- Already approved for J1-212(e) waiver

Question: I just don't have unbearable patience to wait for my Priority Date to become current for my approved EB2-NIW.

My lawyer is willing to try form EB1A, ofcourse, by charging fees !

Am I eligible to apply for EB1A? (I don't think that my present employer with sign on I-140 for EB1-OR)

Your suggestions and response will be greatly appreciated.
 
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