The EB2-NIW is designed for professionals with advanced skills or exceptional academic degrees seeking to immigrate to the United States and who can prove that their presence in the U.S. is in the “national interest.” EB-2 NIW applicants do not need a U.S. employer to sponsor them.
It refers to the exceptional skill set that a professional possesses in their field of expertise. It may include solid professional experience, specialized knowledge, advanced technical skills, or any combination of these elements that make the individual stand out in their profession.
This criterion highlights the importance of having a remarkable academic background. EB-2 NIW applicants often hold advanced academic degrees, such as master’s, doctoral, or other higher education certificates. The exceptionality of the degree may be based on the reputation of the educational institution, the academic excellence of the applicant, or both.
Here is a summary of the EB-2 NIW visa requirements:
To qualify as an “exceptional ability” individual, you must meet at least 3 of the 6 criteria required by USCIS:
Unlike some other employment visas that require an employer to sponsor, the EB-2 NIW allows the applicant to be the petitioner themselves, providing more autonomy in the process.
The EB-2 NIW is often processed more quickly compared to some other employment visas due to its preferential classification and the fact that it is not necessary to wait for an available position.
EB-2 NIW is classified as a preference category, which means that there are a higher number of visas available annually compared to some other categories. This can result in shorter wait times.
EB-2 NIW visa holders may be eligible to apply for permanent residency (Green Card) in the United States, allowing them to live and work indefinitely in the country.
The EB-2 NIW offers flexibility in terms of occupancy. Applicants can work in a variety of fields, including science, technology, art, business, education, and others, as long as they can demonstrate that their skills and knowledge are of national interest.
The spouse can apply for an Employment Authorization (EAD) to work in the U.S.
Professionals in specific fields, such as science, research, technology, medicine, business, and the arts, may find EB-2 NIW to be an attractive option for pursuing opportunities in the United States.
The timeline varies. Preparation can take anywhere from several weeks to months, depending on individual circumstances. “Exceptional ability” candidates may spend more time collecting evidence compared to those in the “advanced degree” category.
Yes, Form I-140 requires proof of the National Interest Waiver (NIW) as well as proof of an advanced degree or exceptional ability. Each component is crucial for a comprehensive application.
PERM (Permanent Labor Certification) is typically required for employment-based green cards. However, the EB-2 NIW visa allows applicants to circumvent this certification, distinguishing it from other employment-based visas.
Expert letters should highlight the applicant’s education, skills, accomplishments, and the national importance of the proposed venture. These letters play a crucial role in demonstrating the candidate’s ability and the importance of their work.
While some elements may overlap, it is essential to tailor letters of recommendation to the specific requirements of the EB-2 NIW application. Make sure that the letters emphasize the criteria relevant to this visa category.
Form I-140 processing times range from 10.5 to 26.5 months. Subsequent steps involve checking the Visa Bulletin for Green Card availability. Wait times vary by location.
The NIW criteria evolved from the 1998 Matter of NYSDOT decision to the 2016 Matter of Dhanasar decision. The changes include refining the definition of “substantial intrinsic merit” and eliminating the requirement that proposals be “national in scope.”
Yes, the proposed effort does not have to affect the entire geographic area of the U.S. Localized projects with substantial benefits, such as job creation in an economically distressed region, may still be considered to be of national interest.
Evidence may include data, media coverage showing impact, academic research, business plans, letters from experts, and evidence of contributions in the field. Entrepreneurial candidates can submit proof of start-up capital, letters of intent, and contracts.
For an advanced degree, provide transcripts and diplomas equivalent to a master’s degree or higher. For exceptional ability, submit at least three proofs, such as academic records, proof of payment for services, licenses, memberships, or letters proving work experience.
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