What is the EB-2A visa?

1. The foreign national’s proposed endeavor has both substantial merit and national importance (the applicant’s work is related to an important national goal and that the work is beneficial to the United States);
2. The foreign national is well-positioned to advance the proposed endeavor (the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals);
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Frequently Asked Questions for EB2-NIW (National Interest Waiver)

1. 1. 1. Self-petition is allowed.
      2. Job offer or permanent job position is not required.
      3. Labor certification is not required.
      4. Most visas are current except for people born in China and India.

Is a job offer required for EB-2 NIW?

No. No job offer is required.

What are the conditions for EB-2 NIW petitions?

The applicant needs to establish the foreign national’s qualifications under EB-2and also demonstrate that the qualifications satisfy the National Interest Waiver requirements.

Who qualifies under EB-2 NIW?

1. 1. 1. A foreign national who is qualified under EB-2 AND
      2. A foreign national who passes the three-prong test:
         1. proposed endeavour is of substantial merit and national importance
         2. well positioned to advance the proposed endeavour.
         3. significant benefit for “national interest”
      3. OR the foreign beneficiary physician agrees to work full time in a field designated by the Department of Health and Human Service (HHS) as a health professional shortage area or in a Veterans Administration (VA) hospital, and a federal agency or a state department of public health has determined that the physician’s work is in the public interest.

What standard does the USCIS take to determine a EB-2 NIW case?

There are three factors in evaluating a request for an EB-2 NIW:

1. 1. 1. Foreign national’s proposed endeavour is of substantial merit and national importance,
      2. Foreign national is well positioned to advance the proposed work, and
      3. On balance it would be beneficial to waive the job requirement for the foreign national.

Is a labor certification required before the filing of EB-2 NIW?

No.

What are the conditions for EB-2 NIW petitions?

For an EB-2 NIW case, the foreign national can self-petition by establishing the qualifications that satisfy the National Interest Waiver requirements.

If I am outside the USA, can I apply for the EB-2 NIW category?

Yes.

Advanced degree for the purpose of EB-2:

Advanced degree is a United States advanced degree above a bachelors degree or a foreign equivalent degree.

Does a Bachelor’s degree qualify?

Yes with an employment experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the bachelor’s degree will be sufficient for the advanced degree requirement. Otherwise, the foreign national needs to show “exceptional ability.”

How do I know if I am qualified under EB-2 NIW category?

This question can be easily answered by sending our attorneys your resume. Send us your resume to our attorney today at Abedi@lawabedi.com. Please read below for more information.

What supporting evidence will best show that the foreign national will significantly contribute to the national interest?

Below is a list of evidence that can satisfy the requirements for EB-2 NIW (National Interest Waiver).

1. 1. 1. Publications & Citation Records (including journal articles, book chapters, and books):
         A complete publication record should be accompanied with a citation record and show that the work is being utilized by other researchers in the field.
      2. Letters of Recommendation
      3. Government Funding/Grants
      4. Membership in Professional Organizations and Associations
      5. Awards
         The awards must be nationally/internationally recognized and do not include a particular institution, city, state, or region.
      6. Published Materials About the Foreign National
      7. Patents, Contracts, Licenses and Technology Transfers
         Patent record, accompanied with citation or commercialization evidence and contracts, licenses and technology transfers.
      8. Evidence of Others Relying on the Foreign National’s Work 

What is “exceptional ability“ for the purpose of EB-2 petition?

Exceptional ability in the sciences, arts, or business may be considered for purposes of qualifying in the second employment-based preference.

Who has “exceptional ability“? What document qualifies then as evidence of “exceptional ability“?

The foreign national must document at least three of the following:

1. 1. 1. 1. An official foreign academic record showing a degree, diploma, certificate, or similar award from a college, university, school relating to the area of exceptional ability.
         2. Letters from current or former employers showing that the foreign person has at least 10 years of full-time experience in the occupation.
         3. A license to practice for a particular profession or occupation.
         4. A salary or other remuneration for services that demonstrate exceptional ability.
         5. Membership in a professional association.
         6. Awards, achievements and significant contributions by peers, governmental entities or professional or business organizations.

What is “exceptional ability“ for the purpose of EB-2 petition?

The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference. Send us your resume to our attorney today at Abedi@lawabedi.com.