Basic eligibility criteria

At a fundamental level, an EB-2 NIW petitioner must meet one of two eligibility requirements.  Meeting these requirements is often considered the "easy" part of the EB-2.

Advanced Degree:

The position requires an advanced degree.
Applicants must hold the degree or its equivalent (or a baccalaureate with 5+ years of progressive work experience).

Exceptional Ability:

Demonstrate expertise significantly above the norm in sciences, arts, or business through documented evidence, such as:

 

• Academic records

• Employment letters showing 10+ years of experience

• Professional licenses or certifications

• Evidence of high compensation for exceptional services

• Membership in professional associations

• Recognition and contributions in your field

National Interest Waiver Requirements

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NIW is an acronym for National Interest Waiver. When the USCIS determines that a petitioner meets NIW requirements, it means that the petitioner can bypass the need for a job offer by proving their endeavor aligns with U.S. national interests. This is often the most challenging aspect of the EB-2 NIW application, requiring clear evidence and a well-documented explanation of the endeavor’s importance.
The USCIS frequently requests a "detailed description of the proposed endeavor" to evaluate its alignment with national interests.

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How a Business Plan can Support Your NIW Case

A well-crafted business plan plays a vital role in addressing USCIS requirements by clearly articulating how your endeavor aligns with national interests. Depending on your attorney’s strategy, our business plans can either directly incorporate NIW-specific content or provide a supplemental section as an appendix to strengthen your petition.

The Matter of Dhanasar (2016) - the Three-Prong NIW test

USCIS decisions for NIW petitions are guided by the three-prong test outlined in the Matter of Dhanasar (2016):

Substantial Merit and National Importance:

• Clearly explain how your proposed endeavor advances societal, scientific, or economic goals.

• Include supporting evidence such as industry reports or testimonials to highlight the endeavor’s importance.

Well-Positioned to Advance the Endeavor:

• Demonstrate your qualifications, achievements, and a measurable plan for success.

• Highlight past accomplishments that establish your ability to deliver results.

National Interest Waiver of the Job Offer Requirement:

• Demonstrate that waiving the job offer benefits the U.S. by emphasizing the critical or specialized nature of your work.

• Showcase how your proposed endeavor addresses unique challenges or opportunities.