What is the EB-2 NIW Immigrant Visa?

EB-2 immigrant visa is for advanced degree holders and people with exceptional ability who obtain a waiver of the labor certification requirement, also known as a NIW.

We have introduced you to the EB-1A and EB-1C green cards from our previous articles. The EB-1 green card is for managers, executives, and people with extraordinary abilities. The EB-2 is also an employment-based petition for permanent residence. However, the EB-2 immigrant visa is for advanced degree holders and people with exceptional ability who obtain a waiver of the labor certification requirement, also known as a National Interest Waiver, or NIW.

Most commonly, an applicant for an employment-based Immigrant Visa requires an approved labor certification and a permanent job offer from a U.S. employer to qualify for the second preference classification. However, the law allows these requirements to be waived if it would be in the national interest to do so.

The applicant must be recognized as having the exceptional ability or having an advanced degree to be considered.

Two (2) types of EB-2 NIW petitions:
Advance Degree
First, to be eligible to file an NIW petition, an applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts or business. The applicant must also show that their entry to the U.S. will benefit society in the U.S., the benefit from the applicant’s proposed work will be national in scope, and that the requirement of a Labor Certification for the applicant should be waived.

Individuals with an advanced degree from the U.S. or its foreign equivalent can qualify under the EB-2 NIW category. In addition, individuals can also be eligible to file if they hold a bachelor's degree and at least five years of progressive work experience in their field. Acceptable documentation includes:

An official academic record attesting to your advanced degree from the U.S.(or its equivalent from another country); or
A certified academic record attesting to your bachelor's degree in the U.S.(or its equivalent in another country), as well as letters from your present or previous employers attesting to your five years or more of progressive work experience in your field after receiving your bachelor's degree.

The applicant should consider going this path if they have an advanced degree or its equivalents; attempting to qualify as an individual of extraordinary ability category is more complicated, as we'll discover next.

Exceptional Ability

The applicant may also qualify for the EB-2 NIW requirements by showing that they have exceptional ability in the arts, sciences, or business that will significantly advance the future welfare, economy, or cultural interests of the U.S.

The applicant must be able to provide at least three of the following to be considered for the extraordinary ability category:

A certification, diploma, or degree from a university or institution that demonstrates the applicant’s educational ability related to their area of exceptional ability.
Evidence of a high salary or other remuneration for services that demonstrates your exceptional ability.
A license or certification that allows the applicant has earned to engage in their field of employment.
A professional association membership in the appropriate field.
Letters or other evidence attesting to their ten years of continuous employment in the relevant field.
Official recognition of the applicant's contributions to the field by peers, government, or affiliated organizations.
Other relevant evidence of eligibility.

When evaluating the EB2 NIW application, USCIS must determine whether or not the applicant has demonstrated a degree of expertise much higher than generally found in the sciences, art, or business. Thus, it is vital to provide high-quality and clear evidence showing qualification with the above factors. Simply having a relevant university degree, ten years of relevant experience, and commanding a high salary will not be enough to satisfy USCIS.