Eligibility requirements

Eligibility requirements

EB-2 National Interest Waiver (NIW) is a type of visa that allows individuals with advanced degree or exceptional ability in the arts, sciences, business, education, or athletics, to apply for permanent residency without the need for a labor certification.

OPTION 1: Category advanced degree or equivalent

The individual must hold an advanced degree (Master’s or higher) or its equivalent, or a bachelor’s degree plus at least 5 years of progressive work experience in the field.

Check Starter Kit for EB-2 NIW, which includes self-petition Green Card templates for professionals (advanced degree category)

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Explore additional materials and ask questions about the process

What Starter Kit Includes

Document #1

Starter Kit structure, importance of repetitions and choosing the right language

I-140 Cover Letter

Document #2

Find list of professions in the section: Starter Kit Templates

NIW Case Builder

Document #3

For profession of your choice, to help you identify relevant NIW initiatives and arguments

Original I-140 Cover Letter

Document #4

Important also for non-banking professions: from our approved NON-RFE petition

Three Original Reference Letters

Documents #5A, #5B, #5C

Important also for non-banking professions: from our approved NON-RFE petition

Editable Original Reference Letters

Documents #6A, #6B, #6C

Word format of our three original reference letters that can be edited

Guide to Request Reference Letters

Document #7

Detailed steps we took to acquire reference letters and recommended strategies

Guide to Understand Visa Bulletin

Document #8

Find out if your date is current, ie. there is no backlog and no wait time for a green card

Adjustment of Status Guide

Document #9

Adjustment of Status explained, along with list of required forms and documents (10 pages)

AOS Sample: I-485, I-765 & I-131

Document #10

Forms I-485, I-765, I-131 and Adjustment of Status cover letter in editable Word format

ETA-9089 & ETA-750 Forms

Document #11

Select sample form to add to your package

OPTION 2: Category exceptional ability

The individual must demonstrate exceptional ability in their field, which may include publications, patents, recognition from professional organizations, or other relevant evidence. You qualify if you meet at least three of the criteria below:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable: evidence of eligibility is also acceptable.

After deciding whether you apply through advanced degree or exceptional ability, you also need to meet NIW (National Interest Waiver) requirements to self-petition. NIW means that the individual’s work must be in the national interest, so it has the potential to significantly benefit the U.S. economy, culture, or welfare. There are three prongs to prove NIW:

• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.