Visa—Dec 9, 2024

Evaluation of EB-2 NIW Eligibility Criteria for Advanced Degree and Exceptional Ability

EasyEB2.com
ByEasyEB2.com
EB-2 NIW Expert

Criteria Overview

To qualify for an EB-2 National Interest Waiver (NIW), candidates must demonstrate either an advanced degree or exceptional ability in their field, which are evaluated according to specific regulatory criteria.
  • Advanced Degree:
    • Requirement: Applicants must possess a U.S. advanced degree or its foreign equivalent [3][5].
  • Exceptional Ability:
    • Requirement: Applicants must meet at least three of several criteria demonstrating exceptional expertise, such as holding industry certifications, earning high salaries, or receiving professional recognitions [1][5].

Approval Rates and Industry Applications

The specific percentage of applications approved under these criteria is not clearly delineated in the available sources. However, approval requires compelling documentation regardless of the path chosen. Success often necessitates demonstrating a degree of expertise that notably surpasses the ordinary in one's professional domain [5].
The EB-2 NIW is open to applicants across diverse industries, including healthcare, technology, and environmental sciences. These sectors frequently emphasize the national importance of the applicant's contributions — a critical component of securing a waiver [4].

Cost Implications

The cost of pursuing an EB-2 NIW application varies widely, generally ranging from $5,000 to $20,000+ including attorney fees. Filing fees alone are $715 for Form I-140, with optional premium processing costing an additional $2,500 [4][3]. While these costs are substantial, they are not directly linked to success probabilities based on educated or exceptional ability criteria.

Key Takeaways

  • Advanced Degree Route: Ideal for candidates with formal, recognized education credentials, offering a more clear-cut evidence path for qualification.
  • Exceptional Ability Route: Suitable for individuals with notable industry accomplishments and demonstrable impacts on field advancement, requiring substantial evidence of achievement and recognition.
  • Documentation and Evidence: Critical across both paths, strong documentation can make or break the likelihood of approval.
  • Industry Scope: No industry limitations, but fields tie closely to strategic U.S. interests often find success more accessible.
For prospective applicants, understanding these requirements and preparing a robust case based on their unique qualifications will be crucial to navigating the EB-2 NIW process effectively.

Sources

  1. https://legalservicesincorporated.com/immigration/national-interest-waiver/does-exceptional-ability-make-you-eligible-for-an-eb-2-national-interest-waiver-niw/
  2. https://eb2niw.info/eb2-niw/
  3. https://www.greencardlink.com/frequently-asked-questions-about-eb2-niw-national-interest-waiver/
  4. https://www.lawfirm1.com/national-interest-waivers-niw-eligibility-requirements-process-eb-2-green-card-faqs/
  5. https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5