EB-2 (NIW) Visa

Since only the EB-2 category workers can request the NIW, the applicant must first qualify in terms of having either an advanced degree or exceptional ability. This can be proven by providing copies of official diplomas, transcripts, recommendation letters and employment contracts showing 10 years of professional experience, evidence of memberships in organizations etc. (please see the page dedicated to EB-2 category for more information on the requirements). Upon proving that the applicant qualifies in terms of educational achievement or exceptional ability, the next requirement is to prove that: The person’s proposed endeavor has both substantial merit and national importance; The person is well positioned to advance the proposed endeavor; and It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements. USCIS decides on a case-by-case basis whether the individual qualifies for a NIW, and considers not only the evidence of past achievements, but also whether the applicant can prove having a good standing in the said profession for future advancement of the stated work for the benefit of the US economy, education, security, science, or art. The next steps of the process are same with the EB-2 and EB-3 petitions, where the alien worker petition is filed either by an employer or the applicant (self-petitioner) with the USCIS. If the visa priority date is current, the applicant may also concurrently file a green card application. If it is not current, then the applicant must wait for the visa priority date to become current before filing the green card application.