How difficult is an EB2-NIW visa?
The USCIS has specific standards in obtaining an EB2-NIW, and you have to promote your case to them to show that you are a more unique candidate than a typical professional in your industry.
Understanding the difficulty of EB2-NIW
Securing an EB2-NIW visa can be a challenging task due to the strict criteria set by the United States Citizenship and Immigration Services (USCIS). The specifics of "exceptional ability" and "national interest" are particularly complex, requiring substantial supporting documentation to prove the merits of the case. You have to prove to the USCIS officers that you are more proficient in your field than an average professional, and your proposed endeavor must considerably benefit the U.S.
Eligibility for the EB2-NIW visa
When applying for an EB2-NIW visa, you must either have an "advanced degree" or "exceptional ability" in the sciences, arts or business. An advanced degree encompasses a Master's, PhD, JD, MD, and similar qualifications. Alternatively, a bachelor's degree of four years combined with five years of advancing work experience would also meet the eligibility criteria. Exceptional ability requires you to meet at least three of the following criteria:
Official academic documentation verifying the acquisition of a degree, diploma, certificate, or a similar accolade from an educational institution linked to your field of extraordinary skill
Correspondence attesting to a minimum of a 10 year’s worth of full-time experience in your specific occupation
Possession of a valid professional license or certification in your line of work
Provided evidence showcasing receipt of salary or compensation indicative of your exceptional proficiency
Affiliation with professional associations
Acknowledgment and validation of your accomplishments and noteworthy contributions within your sector, endorsed by colleagues, governmental bodies, professional or trade entities
Equally suitable forms of proof of qualification are also permissible
In addition to showing an advanced degree or exceptional ability, you must also meet the following three criteria for the National Interest Waiver. This is to prove that it's in the country's best interest for USCIS to waive the job offer and labor certification requirement:
The foreign worker's proposed project has significant value and national importance
The foreign worker is well-positioned to advance the goals of their project
Overall, waiving the job offer and labor certification requirements would be beneficial for the United States
How can Xu Law Group help?
To ensure a smooth process, it's vital to compile all essential documents and maintain open communication with your immigration attorney. Generally, applicants collaborate with their sponsoring employer or agent to initiate the EB2-NIW visa application. Attorneys aid in securing recommendation letters from notable figures in the field.
Contact Xu Law Group today for your EB2-NIW visa. Our team will provide legal assistance and guidance throughout the entire process. We know that this isn’t an easy journey and can be emotionally taxing, but we’re here to help you to achieve success. We believe in building a strong foundation with our clients to ensure that you will get your EB2-NIW visa, and it all starts with trust.
About the Author:
Toni Xu is an immigration attorney who represents immigrants in EB-1 and EB2 NIW extraordinary ability cases.
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