Welcome to our series on the Employment-Based Second Preference National Interest Waiver (EB2 NIW) Green Card category. Over the coming week, I’ll be sharing a series of articles that delve deep into this increasingly popular immigration pathway. With a 40% rise in EB2 NIW filings between Q1 2023 and Q1 2024, it's clear that more professionals are recognizing its unique benefits. This category allows you to bypass the need for a U.S. job offer, skip the labor certification process with the Department of Labor, and even opt for premium processing with USCIS—accelerating the review time to just 45 days compared to the usual 6 to 12 months.
In this series, I aim to provide individuals, including entrepreneurs and self-petitioners, with a comprehensive guide to the EB2 NIW category, breaking down the specific criteria needed for a successful petition. Each article will build upon the last, offering detailed insights on navigating this pathway to a green card.
What is EB2 NIW?
The EB2 NIW is a unique immigration category that allows professionals with advanced degrees or exceptional abilities to self-petition for a green card. Unlike other employment-based visas, the EB2 NIW doesn’t require a job offer or labor certification. Instead, you must demonstrate that your work is of national interest to the United States—making it an especially attractive option for entrepreneurs and innovators driving economic growth. Refer to our introductory NIW article here.
Threshold Qualification: Advanced Degree or Exceptional Ability
However, before tackling the national interest prongs, the first step is to establish that you meet the threshold qualifications. The EB2 NIW offers two primary pathways for this:
1. Advanced Degree
To qualify under the advanced degree criterion, you need either a U.S. master’s degree (or its foreign equivalent) or a bachelor’s degree followed by at least five years of progressive work experience in your field.
What qualifies as an advanced degree?
A U.S. master’s degree or higher, or an equivalent foreign degree.
A bachelor’s degree plus five years of progressive experience in your specialty.
How to prove your qualification:
Educational Documentation: Submit transcripts, diplomas from accredited institutions. If your education is foreign, obtain a foreign educational equivalency evaluation.
Work Experience: If using a combination of education and experience, include detailed job descriptions and reference letters from previous employers, highlighting your progressive responsibilities and growth.
2. Exceptional Ability
If you don’t hold an advanced degree, you can still qualify by demonstrating "exceptional ability" in your field. USCIS defines exceptional ability as a degree of expertise significantly above what is ordinarily encountered.
What constitutes exceptional ability?
There is a list of seven criteria, and you need to show at least three. For non-degree holders, I generally focus on the following:
At least 10 years of full-time experience in your field.
Membership in professional associations.
Recognition from peers, government entities, or professional organizations for achievements and contributions to your field.
High salary/remuneration for your services, indicative of your exceptional ability.
A license to practice your profession, or certification for your profession/occupation.
Other comparable evidence depending on your profession.
Conclusion
Meeting the threshold qualification is a crucial first step in the EB2 NIW process. Whether you qualify based on an advanced degree or exceptional ability, it’s essential to provide clear and compelling evidence of your credentials. Once you’ve established this foundation, you can focus on demonstrating how your work serves the national interest—a topic we’ll cover in our next article, where we’ll dive into the three prongs of the Matter of Dhanasar decision, which is the precedent-setting 2016 decision by the Administratie Appeals Office (AAO) of the US Citizenship & Immigration Service (USCIS), which lays out the three criteria (prongs) to qualify for a Green Card under the EB-2 NIW category.
If you're considering applying for the EB2 NIW or want personalized guidance on your immigration journey, reach out to us at info@peludimmigration.com to schedule a consultation. We’re here to help you navigate the process and strengthen your petition for success.
Stay tuned as we explore how to prove your work's substantial merit and national importance in the next installment of our EB2 NIW series.
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