Skip to main content

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

An open laptop with business slide shows

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.

Exceptional Ability: A Threshold, Not a Guarantee

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.

Proving National Importance

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.

Are You Well-Positioned to Succeed?

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.

Conclusion

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.

FREE National Interest Waiver (NIW) Resources

Click on the buttons below in order to claim your free National Interest Waiver (NIW) Guide, sign up for our free National Interest Waiver (NIW) Webinar, or watch our National Interest Waiver (NIW) videos.

Download Our National Interest Waiver (NIW) Guide
Sign Up For Our National Interest Waiver (NIW) Webinar
Watch Our National Interest Waiver (NIW) Videos

Set up a National Interest Waiver (NIW) Consultation

For a dedicated one-on-one National Interest Waiver (NIW) consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

FREE WEBINARS