EB2 NIW (National Interest Waiver) is a category of employment-based immigration visa for individuals with advanced degrees or exceptional abilities who can demonstrate that their presence in the United States would be in the national interest. While the category is highly sought-after by many professionals and researchers, the application process can be complicated and challenging. In this essay, we will demystify the EB2 NIW application process, outline the challenges that applicants may face, and guide applicants on maximizing approval chances.
The following are some of the challenges people face when putting together their application packet;
Degree Requirements and Eligibility for EB2-NIW
You don’t need a United States degree to apply for EB2-NIW; your foreign degree is good enough. Secondly, you are not required to use an evaluation service to evaluate to your degree(s) to show that they are equivalent to a United States degree. EB2-NW is not only for Science, Technology, Engineering, and Math (STEM) professionals. Arts, Business, and Social Science professionals can apply for permanent residence under this category.Understanding the Documentation for EB2-NIW Application
You must provide documentation to support your application. Most people think EB2-NIW is for those that have published several papers, like three papers in professional journals, and have 10 citations. You can still apply under this category if you have one publication and few citations. Publications and a record of citations are only two of the documents required by USCIS. You can still show that you are exceptional through other evidence, such as presentations of papers/talks in peer-reviewed conferences and evidence of a prototype for an invention.Defining Substantial Merit and National Importance
Another challenge people face is proving that their proposed endeavor is of substantial merit and national importance. The USCIS vaguely explains these two terms. Substantial merit simply means why the United States should care about your endeavor. In comparison, national importance means how your endeavor will add value to the United States in national security, healthcare, food security, energy security, economic development etc.The Significance of Recommendation Letters in EB2-NIW
People also face challenges securing recommendation letters. I believe every petitioner must turn in two sets of recommendation letters. One is from experts they have worked with and the other letters should come from independent references. Letters from your former colleagues and employers would corroborate your accomplishments, whereas the letter from independent references would state the benefit of your accomplishments, research and proposed endeavor from an independent observer. However, it is fine if you can only secure letters from experts you have worked with.Optimal Length for Your EB2-NIW Petition Cover Letter
People also worry about the length of their petition cover letter or personal statement. Personally, I recommend that the cover letter should not be more than 20 pages.Residency and EB2-NIW Application
You do not need to reside in the United States to file for EB2-NIW, and you can be located anywhere in the world and still turn in your petition.Conclusion
In conclusion, securing a permanent residence is not far-fetched nor is it as difficult as most people think. Ensure you understand the requirement, and turn in all the supporting documents. There are examples of approved I-140 petitions by applicants with one published paper but with little to no work experience, and professionals with years of experience are equally getting their petitions approved. Therefore, applying for EB2-NIW is not difficult as it is portrayed in the media and online resources.
