Does Exceptional Ability Make You Eligible for an EB-2 National Interest Waiver (NIW)?

If you meet the criteria to demonstrate exceptional ability in your field, you might be wondering if you qualify for a green card under the EB-2 National Interest Waiver (NIW) category. While exceptional ability is a key threshold requirement, it’s not a guarantee of approval for the NIW. The process involves more than just meeting basic qualifications.

Let’s say you have a diploma, 10 years of work experience, and are a member of a professional association. These achievements may help demonstrate your exceptional ability in your field. To qualify for an EB-2 based on exceptional ability, you must meet at least three of the following criteria:

• A degree, diploma, or certificate related to your field
• At least 10 years of full-time experience
• Membership in a professional association
• Recognition for achievements and significant contributions to your field
• High salary compared to others in your field
• Licensure or certification in your profession
• Other comparable evidence of eligibility

While fulfilling three or more of these requirements proves that you have exceptional ability, this alone is not enough for an NIW approval.  We often have prospective clients set up a consultation who think that merely having an advanced degree or exceptional ability is sufficient for an NIW. Instead, it is just the starting point.

The next crucial step in the EB-2 NIW application is demonstrating that your work has national importance. You must show that your proposed endeavor in the United States will benefit the country on a broad scale. Simply proving you have exceptional ability in your field isn’t enough; you must explain exactly how your work will positively impact the United States.

The importance of your work should be national in scope, not limited to a local or regional area. This might include work in industries such as healthcare, science, technology, or education, where your contributions could have significant implications for the country.

Beyond proving national importance, you must also demonstrate that you are well-positioned to execute your proposed endeavor. This means providing evidence of past successes and experience that shows you can carry out the work you’re proposing to do in the U.S. For example, if you’re applying based on your contributions in technology, you’ll need to provide documentation of successful projects, publications, or awards in the field that support your claim.

Your past accomplishments and recognition will help convince immigration officers that you can deliver on the work you propose. The stronger the evidence of your prior successes, the more likely your application will be approved.

While meeting the criteria for exceptional ability is important, it’s only the starting point for an EB-2 NIW application. To increase your chances of approval, you must also demonstrate that your work has national importance and that you are well-positioned to make meaningful contributions in the United States. A well-prepared application with extensive evidence and a clear strategy is critical.

If you need assistance preparing your EB-2 NIW application, our team of immigration attorneys can help. Schedule a consultation today and explore our free resources to guide you through the process.