Proven Ways To Qualify For The EB2 NIW Visa

Who Qualifies for EB2 NIW?

For a fact, the question of who qualifies for EB2 NIW can be a difficult one to answer, but not for you because you found the right information.

Undoubtedly, the EB2 National Interest Waiver (NIW) is a sought-after pathway to a U.S Green Card, bypassing the often rigorous labor certification process.

EB2 NIW is designed for foreign nationals like you with advanced degrees or exceptional ability.

More importantly, one who can demonstrate their work is in the national interest of the United States.

But really who exactly qualifies for this prestigious less rigorous visa category?

Before we dive deep into the oceans of EB2 NIW, it is vital you read and understand the 6 Reasons Why EB2 NIW Visa Is The Better Option.

Now that you have better understanding of the EB2 NIW as the better option, let’s break down the eligibility criteria that qualify you for EB2 NIW.

Eligibility Criteria For The EB2 NIW Visa

1. Meeting the Threshold

Firstly, to qualify for an EB2 NIW, you must meet the basic EB-2 requirements, namely:

• Advanced Degree: This requires you possess a master’s degree or higher, or a bachelor’s degree plus five years of progressive post-baccalaureate experience in your field.

• Exceptional Ability: Applies to you if you have excellent expertise that is significantly above the ordinary in the sciences, arts, or business.

2. Evidences

Secondly, you’ll need to provide evidence(s) of your exceptional ability, such as:

• Official academic records.

• Letters, documenting at least ten years of full-time experience.

• A license to practice your profession.

• Evidence of a salary or remuneration demonstrating exceptional ability.

• Membership in professional associations.

• Recognition for achievements and significant contributions.

3. Matter of DHANASA

Beyond the basic EB-2 requirements, you must demonstrate that waiving the labor certification is in the national interest of the United States.

This is evaluated using the Matter of Dhanasar framework, which requires you to prove that:

1. The proposed endeavor has substantial merit and national importance: Your work must have a significant positive impact on the U.S. in areas like science, technology, healthcare, education, or economic development.
2. You are well-positioned to advance the proposed endeavor: Here, you must demonstrate that you have the qualifications, experience, and track record(s) to successfully carry out your proposed work.
3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification: This is the most subjective part. It is where you must show that the benefits of your work outweigh the potential benefits of protecting U.S workers through the labor certification process.

Who Qualifies For EB2 NIW?

The criteria are broad, but here are some specific examples of individuals like you who might qualify:

• Researchers and scientists with groundbreaking discoveries.

• Entrepreneurs with innovative technologies or business models.

• Medical professionals addressing critical healthcare needs.

• Artists and performers who contribute significantly to American culture.

• Engineers developing solutions to infrastructure or environmental challenges.

Important Considerations

• A strong NIW petition requires extensive documentation to support your claims – documentation is key.

• The “national interest” assessment is subjective, and cases are evaluated on an individual basis.

• Consulting with an experienced immigration attorney is highly recommended to navigate the complexities of the NIW process.

• And, you need to provide as much evidence as possible that your work is already having a positive impact, or will have a positive impact.

The EB2 NIW is a challenging but rewarding path to a Green Card for you if you can demonstrate your work is in the national interest.

Understanding the eligibility criteria and providing strong evidence can increase your chances of success.

Additionally, qualifying for the EB2 NIW Visa does not require getting a job offer or labor certification in the United States.

With these proven ways and our professional guidance, we can assist you in walking your path towards your dreams in the United States.

Take your first step with a free pre-qualification test.

And book a consultation.