EB-2 NIW National Interest Waiver

An EB-2 NIW is arguably one of the most desirable Green Card paths for qualified applicants, as it bypasses the need for an employment sponsor and allows the applicant to self-petition based on their educational and professional accomplishments. Some petitioners will qualify for an EB-2 NIW without any additional support, while others will require Profile-Building assistance to strengthen their credentials and ensure the best chances of approval.

Profile-Building Support to Strengthen Your EB-2 NIW Petition

If you need assistance to strengthen your EB-2 NIW profile, we offer affordable, customized support packages designed to enhance your professional credentials. Our services include:

• Media Publications (Articles)
• Professional Membership Opportunities
• Judging Opportunities
• Professional Award Opportunities

For petitioners without U.S.-based employment or an employment offer, we also provide entrepreneurial support packages, including:

• LLC Formation
• Website Creation
• Business Plans
• Media Coverage
• And more

Comprehensive EB-2 NIW Petition Services

Once we assess and confirm your eligibility for the EB-2 NIW, our team will provide comprehensive petition preparation, submission, and ongoing support to ensure the highest chances of success and approval.

To learn more about the EB-2 NIW Green Card process and determine if you qualify, book a no-charge 30-minute consultation with us today. We will assess your eligibility for free and discuss next steps to start the process.

How to Qualify for an EB-2 NIW



To qualify for an EB-2 NIW, there are stringent requirements—some of which are non-discretionary, and others are subjective. Here are the EB-2 NIW requirement guidelines:

A foreign national must have an advanced degree or exceptional ability.

The foreign national's proposed endeavor must have substantial merit and national importance.

The foreign national must be well-positioned to advance their proposed endeavor.

On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

By focusing on these arguments, we can present a compelling case for your EB-2 NIW application, and we’re here to guide you through the entire process.

Requirement #1 - A Foreign National Must Have an Advanced Degree or Exceptional Ability

What is an Advanced Degree?

An advanced degree is any U.S. academic or professional degree, or a foreign equivalent degree, above that of a baccalaureate.

A beneficiary can satisfy the advanced degree requirement by holding either:

• A U.S. master's degree or higher, or a foreign degree evaluated to be the equivalent of a U.S. master's degree or higher; or
• A U.S. bachelor's degree, or a foreign degree evaluated to be the equivalent of a U.S. bachelor's degree, plus 5 years of progressive, post-degree work experience.

What is Exceptional Ability?

The term "exceptional ability" is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

To qualify for Exceptional Ability, the petitioner must include at least three of the following six types of evidence listed in the regulations:

• An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
• Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
• Evidence of membership in professional associations; and
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Requirement #2 - The Foreign National's Proposed Endeavor Has Both Substantial Merit and National Importance

Your proposed endeavor is a crucial consideration in the EB-2 NIW preparation process, and it will likely determine whether your petition is approved by USCIS, provided you meet Requirement #1.Your proposed endeavor refers to the specific project, research, or professional activity you plan to undertake in the U.S. that is of national importance and would significantly benefit the country. This endeavor will form the core of your NIW petition and demonstrate that your work or contributions are of substantial merit and national interest.

Here are the key elements of the "Proposed Endeavor" in an EB-2 NIW Petition:

• National Importance: The endeavor should be of significant benefit to the U.S., with a clear impact on fields like healthcare, technology, education, or business. The more it aligns with national priorities, such as public health or economic development, the stronger the case.
• Substantial Benefit: The applicant must show that their proposed endeavor will contribute significantly to the field or cause they are working in, such as through innovative research, leadership, or other exceptional contributions.
• Ability to Advance the Endeavor: The petitioner must demonstrate that they have the qualifications, skills, and experience necessary to successfully carry out the proposed endeavor. This can include academic background, professional experience, publications, or awards.
• Future Impact: The endeavor should also include evidence of the potential for future impact, not just past accomplishments. It’s essential to show that the work will continue to have a positive effect on the national interest in the U.S.

The success of an EB-2 NIW petition often hinges on the strength of the proposed endeavor, as it is one of the primary factors in determining whether the applicant meets the national interest requirements.

It is critical that your endeavor is well thought out or you run the risk of an RFE (Request For Evidence) that you may not be able to overcome, or a denial.

Requirement #3 - The Foreign National Is Well Positioned to Advance the Proposed Endeavor

USCIS Evaluation Criteria for Advancing the Proposed Endeavor

When assessing whether an individual is well-positioned to advance their proposed endeavor, USCIS considers the following factors, including but not limited to:

• Education, Skills, and Knowledge: The individual’s educational background, skills, knowledge, and proven success in related or similar efforts.
• Development of a Model or Plan: Whether the individual has developed or significantly contributed to the development of a model or plan for future activities directly related to the proposed endeavor.
• Progress Towards the Endeavor: Any tangible progress made toward achieving the goals of the proposed endeavor.
• Interest and Support: The level of interest or support the individual has garnered from potential customers, users, investors, or other relevant entities or individuals.
• Evidence of Past Achievements and Projections: Documented evidence of the individual’s past achievements, alongside corroborated projections related to the proposed endeavor’s success.

Requirement #4 - It Would Be Beneficial to the United States to Waive the Requirements of a Job Offer and Labor Certification

It may be beneficial to the United States to waive the requirement for a job offer and labor certification. To qualify for this waiver, the petitioner must demonstrate that the factors supporting the waiver outweigh those supporting the job offer and labor certification requirement. This requirement is designed to ensure that foreign workers' admission does not adversely impact the job opportunities, wages, and working conditions of U.S. workers.

Key Consideration:  We need to present a compelling argument as to why you should be exempt from the usual job offer and labor certification processes.

Acceptable Reasons for a Waiver:

• Urgency Matters: Is there an immediate need, such as a public health or safety issue, that justifies bypassing the typical process?
• Unique Skills: Are you bringing skills or knowledge beyond the standard qualifications for your position, which might be overlooked in the regular process?
• Economic Benefits: Can your work contribute to significant economic growth, such as boosting the economy in a particular region?
• Job Creation: Will your efforts potentially create new job opportunities for U.S. workers?

To learn more about the EB-2 NIW Green Card process and determine if you qualify, book a no-charge 30-minute consultation with us today. We will assess your eligibility for free and discuss next steps to start the process.