Who Qualifies for the EB-2 NIW?

To be eligible for an EB-2 NIW, applicants must meet the following criteria:

• Hold an advanced degree (Master’s, Ph.D., or equivalent) or demonstrate exceptional ability in their field.
• Show that their work has substantial merit and national importance.
• Prove they are well-positioned to advance their proposed endeavor in the U.S.
• Demonstrate that waiving the job offer and labor certification is in the national interest.

Why Choose the EB-2 NIW Over the Standard EB-2?

Unlike the traditional EB-2 visa, which requires an employer sponsor, the NIW allows for self-petitioning. This is particularly beneficial for:

• Independent researchers
• Entrepreneurs
• Specialists in fields with national significance

Eligibility Requirements

You must meet at least three of the following to qualify:

• Hold an advanced degree relevant to your field.
• Demonstrate exceptional ability through awards, publications, or high earnings.
• Prove your work holds national importance.
• Show contributions that go beyond typical standards in your field.
• Indicate a shortage of qualified U.S. workers in your area of expertise.

EB-2 NIW Application Process

1. File Form I-140: Immigrant Petition for Alien Worker.
2. Submit Supporting Evidence: Degrees, recommendation letters, publications, and proof of national impact.
3. Request the NIW: Explain why waiving the job offer benefits the U.S.
4. File Form I-485: Adjustment of Status (if already in the U.S.).

Key Documents for EB-2 NIW Petition

• Academic Credentials: Degrees, diplomas, transcripts.
• Detailed Resume/CV: Summary of achievements and experience.
• Evidence of National Impact: Publications, patents, media coverage.
• Letters of Recommendation: Endorsements from industry experts.
• Proof of Ongoing Work: Research projects, job offers, or business plans.
• Completed Forms: I-140, passport copy, and supporting identification.

How USCIS Evaluates EB-2 NIW Cases

USCIS uses a three-part test from the Matter of Dhanasar decision:

• Substantial Merit and National Importance: Evidence such as publications, patents, or economic impact.
• Well-Positioned to Advance Your Field: Past achievements and ongoing work.
• Waiving the Job Offer Benefits the U.S.: Proof that skipping labor certification serves national interest.

Common Reasons for Denial

• Lack of clear national importance.
• Generic or weak recommendation letters.
• Insufficient proof of future contributions in the U.S.

Successful EB-2 NIW Examples

• Research Scientist: Ph.D., multiple peer-reviewed papers, nano-robotics focus, 8 recommendations.
• Wildlife Conservationist: Ph.D. candidate, 5 publications, 20+ presentations, media recognition.
• Software Engineer: Built tools for plant research, improved national research infrastructure.
• Clean Energy Expert: Developed greenhouse gas tech, received federal funding, showed economic impact.

Common Mistakes to Avoid

• Weak National Interest Argument: Lack of specific examples and benefits.
• Poor Supporting Evidence: Vague documentation, missing achievements.
• Unclear Petition Letter: Generic language, poor structure.
• Incorrect Forms: Using outdated versions or missing signatures.
• Weak Recommendations: Letters without credible or detailed support.
• Lack of Future Impact: No proof of continued contributions.
• Ignoring RFEs: Incomplete or inadequate responses to Requests for Evidence.

Eligibility Self-Assessment

Answer these questions to determine if you’re a strong candidate for EB-2 NIW:

• Do you hold an advanced degree (Master’s, Ph.D., or equivalent)?
• Have you demonstrated exceptional ability through achievements?
• Does your work have national importance in the U.S.?
• Are you well-positioned to advance your field?
• Would waiving the job offer benefit the U.S.?

If you answered “Yes” to all five, you are likely a strong candidate.