Talent Elevate

EB2 NIW

The EB-2 NIW visa grants Green Cards to those with exceptional abilities or advanced degrees in the U.S. national interest.

3 most common myths about EB2 NIW


Myth 1:  NIW is only for scientists or researchers. Reality: It's open to individuals with exceptional abilities in any field, including arts, business, and other professions. The key is demonstrating national interest, regardless of the specific field.

Myth 2:  NIW is easier to get than EB-1A. Reality: Neither is "easy." NIW has specific criteria, and proving national interest can be challenging. It requires different evidence than EB-1A, focusing on broader impact.


Myth 3:  If you have an advanced degree, you automatically qualify for NIW. Reality: An advanced degree is a prerequisite for EB-2, but insufficient for NIW. You must demonstrate exceptional ability and national interest. It's a starting point, not the qualification itself.
MYTHS AND FACTS

EB2 NIW visa applicants must provide the following evidence:

Advanced Degree Requirement:

Advance degrees are master’s, PhD, JD, MD, etc.

If the applicant does not have a master’s or PhD, they can still qualify

with bachelor’s degree plus at least 5 years of progressive work experience in the field after earning the degree.

Exceptional Ability Requirement

If the applicant does not have an advanced degree, they can still qualify under exceptional ability. USCIS defines "exceptional ability" as a degree of expertise significantly above the ordinary in sciences, arts, or business. The applicant must meet at least three of the following six criteria:

1. Official academic records showing a degree, diploma, or certificate in the field of expertise.
2. Letters from current or former employers proving at least 10 years of full-time experience in the occupation.
3. A license or certification to practice in the profession (if applicable).
4. Evidence of a high salary or other significantly high compensation compared to others in the field.
5. Membership in professional associations that require outstanding achievements for admission.
6. Recognition for achievements and significant contributions to the field by peers, government entities, or professional organizations.

To qualify for National Interest Waiver:

the applicant must also satisfy the three-prong test:

1. Substantial Merit and National Importance: a) explains how the applicant’s business or project will contribute to the U.S. economy, create jobs, or drive innovation.b) Highlights the industry’s importance and the applicant’s unique role in advancing it.

2. Well-Positioned to Advance the Proposed Endeavor a) Shows a clear strategy, financial projections, market analysis, and operational structure to prove that the applicant has a realistic and viable plan.
b) Provides evidence of past achievements, relevant experience, and any existing traction (e.g., partnerships, funding, revenue).

3. Why Waiving the Labor Certification is Beneficial to the U.S. a) Demonstrates that the business or project addresses an urgent national need or operates in a niche where few qualified U.S. workers are available.
b) Justifies why the applicant’s contributions are more valuable without going through the traditional labor certification process.

Business plan

is not strictly required for EB2 NIW approval, but it can significantly strengthen an application—especially for entrepreneurs, startup founders, or applicants pursuing projects with a strong economic or innovative impact.

Disclaimer: 

Talent Elevate is a professional document preparation service, not a legal service. We offer expert writing assistance for cover letters, personal statements, and recommendation letters, utilizing information provided by you. All official immigration forms are available for free from the USCIS website. We do not provide legal advice or interpretations of immigration law. For legal guidance, please consult with an immigration attorney.