EB-2 NIW Eligibility Criteria

21.08.2025 19:01:33 For EB-2 National Interest Waiver (NIW) applicants, the criteria to determine that an individual's work is in the national interest are generally based on a three-pronged test established by the Matter of Dhanasar decision. To qualify for a NIW, you must demonstrate: 1. **Substantial Merit and National Importance**: The proposed endeavor must have substantial merit and national importance. This means your work should be beneficial to the United States as a whole, not just locally or regionally. It can relate to fields such as business, entrepreneurship, science, technology, culture, health care, or education. 2. **Well-Positioned to Advance the Endeavor**: You must show that you are well-positioned to advance your proposed endeavor. This involves demonstrating your qualifications and achievements in your field through evidence such as educational background, skills, past accomplishments, and any relevant endorsements from experts in your field. 3. **Beneficial to Waive the Job Offer Requirement**: You need to establish that it would be beneficial for the United States to waive the job offer and labor certification requirements generally applicable to EB-2 visas. This often involves showing how your work will benefit the U.S., why it cannot be easily performed by U.S. workers who require sponsorship through traditional employment-based immigration processes, or how it addresses an urgent national need. ### Supporting Documentation The supporting documentation should be detailed and comprehensive enough to convincingly meet each criterion: - **Evidence of Substantial Merit and National Importance**: Provide clear explanations of how your work impacts broader societal issues or contributes significantly at a national level. Include publications, media coverage of your work’s impact, letters from government agencies or reputable organizations recognizing its importance. - **Proof of Being Well-Positioned**: Submit academic records (degrees), professional licenses or certifications if applicable, detailed resumes/CVs highlighting relevant experience and achievements, letters of recommendation from recognized experts in your field attesting to your expertise and contributions. - **Justification for Waiving Job Offer Requirements**: Provide evidence showing why it is impractical or disadvantageous for you to seek a job offer in the U.S., such as documentation of entrepreneurial endeavors that create jobs for U.S. workers or address critical needs unmet by domestic professionals. In all cases, documentation should be organized clearly with an accompanying cover letter that outlines how each piece supports one or more aspects of the criteria above. The narrative should connect facts about your background with specific elements required under NIW standards while emphasizing measurable impacts on national interests.

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22.08.2025 23:04:41 For EB-2 NIW, USCIS looks at three main points (the Matter of Dhanasar framework): Substantial merit and national importance — your work should benefit the U.S. in areas like the economy, healthcare, science, education, technology, environment. Well positioned to advance the field — you must show credentials, past results, publications, recognition, or concrete plans that prove you can make an impact. Balance test — it should be more beneficial to waive the job offer/labor certification than to require it (for example, if your work has broad value or urgent importance). Documentation should be detailed: publications, media coverage, recommendation letters, evidence of projects with U.S. relevance, funding, contracts, awards. USCIS prefers clear, specific proof over vague statements.

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22.08.2025 23:20:02 Key criteria: national importance of your field, your ability to contribute significantly, and why the U.S. benefits more if you’re exempt from employer sponsorship. Examples: a civil engineer improving U.S. infrastructure, a biotech researcher developing new treatments, a tech professional working on critical cybersecurity tools. Supporting docs: not just a CV. You’ll need letters from experts, data on the impact of your work, published studies, press mentions, project descriptions. The more concrete and detailed, the stronger the case.

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