EB-2 NIW Q&A’s

Applicants must either hold an advanced degree (Master’s or Ph.D.) or its equivalent (Bachelor’s degree and 5 years of progressive work experience) or demonstrate exceptional ability in their field. Additionally, they must meet the three criteria outlined in the National Interest Waiver (NIW) test.

The NIW test requires applicants to prove:

1. Their proposed work has substantial merit and national importance.
2. They are well-positioned to advance the proposed work.
3. Granting a waiver of the normal job offer and labor certification requirements serves the national interest of the U.S.

This framework was established in the 2016 AAO decision Matter of Dhanasar.

Key advantages include:

• No employer sponsorship required; you can self-petition.
• No need for a specific job offer from a U.S. employer.
• No PERM labor certification process.
• Less strict eligibility requirements compared to the EB-1A Green Card.

The EB-2 NIW has less strict eligibility criteria than the EB-1A, which requires applicants to satisfy 3 out of 10 extraordinary ability criteria. As a result, NIW applications generally have a higher approval rate.

Contact Donald Gross Law for a free 30-minute consultation to discuss your qualifications and begin your EB-2 NIW application. We’ll guide you through the process and ensure your case is presented in the best possible light.