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Who qualifies for an EB-2 NIW Green Card?
To qualify for an EB-2 NIW (National Interest Waiver), you must have either an advanced degree (master’s or higher), a bachelor’s degree with at least five years of progressive work experience, or demonstrate exceptional ability in your field.
Exceptional ability means a level of expertise significantly above the ordinary, proven by meeting at least three of six USCIS criteria, such as membership in professional associations, recognition from experts in your field, or a significant impact on your industry.
Additionally, you must show that your work benefits the U.S. in a meaningful way, such as improving the economy, advancing technology, enhancing healthcare, strengthening national security, or addressing other critical needs. USCIS evaluates this based on how important, urgent, and far-reaching your contributions are.
Do I need a job offer or employer sponsorship for an EB-2 NIW?
No, one of the main advantages of the EB-2 NIW is that you can self-petition, meaning you do not need a U.S. employer to sponsor you or go through the labor certification (PERM) process, which is typically a lengthy and complex requirement for employer-sponsored Green Cards.
Instead, you must prove that your work is in the national interest of the U.S. and that waiving the job offer requirement would benefit the country.
How do I demonstrate that my work is in the national interest of the United States?
To prove that your work is in the national interest, you must show that it has a direct and significant impact on the U.S. in areas such as technology, healthcare, education, economic growth, or national security.
Your contributions should provide clear benefits to the country as a whole, beyond just your employer or local community.
You can demonstrate this through government reports, industry publications, media coverage, patents, or letters from experts confirming that your work aligns with national priorities and contributes to broader advancements in society, an industry, or the economy.
What kind of evidence strengthens an EB-2 NIW petition?
A strong EB-2 NIW petition must demonstrate that you have the expertise and experience to advance your endeavor and that your work has substantial merit and national importance.
Evidence may include receiving awards, publishing research, holding patents, and having relevant work experience in your field.
Support from employers, investors, or institutions can further strengthen your case. Additional factors include serving as a judge of others' work, holding memberships in prestigious organizations, and being featured in media coverage.
The more solid and well-documented your evidence, the stronger your petition.
What’s the difference between “extraordinary ability” and “exceptional ability”?
Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.
How important is peer-reviewed research in EB-1A or EB-2 NIW cases?
It depends. For scientists and academics, publications in peer-reviewed journals are often a cornerstone of the case. For professionals in business, arts, or other industries, other types of evidence (press, awards, leadership, impact) may carry more weight.
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