Proving you have exceptional ability to apply for a National Interest Waiver
Kyle Huffman • April 20, 2022
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In order to successfully apply for an EB-2 National Interest Waiver, you will have to prove that you are eligible for EB-2 National Interest Waiver classification. There are two ways to become eligible for the national interest waiver (NIW), which includes a showing that you are an “advanced degree professional,” or, by showing that you have “exceptional ability” in the arts, sciences, or business.
This article focuses on the types of evidence you will need to provide in order to prove to the USCIS that you have exceptional abilities in your field. When evaluating whether a candidate meets the threshold to be considered exceptional, USCIS performs a two-part analysis. First, they look to see whether the applicant has provided enough evidence to meet the minimum required number of evidentiary criteria. The law at 8 C.F.R. §204.5(k)(3)(ii)(A-F) provides six different criteria, and a person hoping to be classified as exceptional must meet at least three of those six criteria. For the second part of the two-part analysis, the immigration officer will evaluate whether collectively, all of the evidence provided establishes “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Due to that second part of the analysis, it is always a good idea to provide evidence for as many of the six criteria as possible.
The six criteria available are:
- An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
- Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which he or she is being sought.
- A license to practice the profession or a certification for a particular profession or occupation.
- Evidence that you have commanded a salary, or other remuneration for services, which demonstrates exceptional ability.
- Evidence of membership in professional associations.
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
In addition to these six criteria, the law at 8 C.F.R. §204.5(k)(3)(iii) provides that if these six standards do not readily apply to your occupation, comparable evidence may be submitted instead.
If you believe that you can provide reliable documentation to prove that you meet at least three of these six criteria, then the national interest waiver may be an excellent path to earning your green card in the United States. Please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Kyle Huffman
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