How to Secure an EB-2 NIW Visa with an Advanced Degree
If you have an advanced degree and dream of working in the United States, the EB-2 National Interest Waiver (NIW) visa might be your golden ticket. This visa is designed for professionals with advanced degrees and exceptional abilities. In this blog post, we'll focus on the advanced degree category to help you understand the requirements and steps involved.
Advanced Degree Professionals Eligibility:
To qualify for the EB-2 visa as a professional with an advanced degree, you must meet the following criteria:
Advanced Degree: You must hold an advanced degree or its foreign equivalent.
Job Position: The job position, as stated in your labor certification application, must require a professional with an advanced degree or equivalent qualifications. It's important to note that when applying for a National Interest Waiver (NIW), you may not need to obtain a PERM labor certification.
Education and Eligibility: You must have possessed the advanced degree or its equivalent when filing your application. Additionally, you must have met all the requirements for entry into the proposed position at that time.
Foreign Equivalent Degrees
An advanced degree can be a U.S. academic or professional degree or a foreign equivalent degree beyond a bachelor's degree.
If a doctoral degree is usually required for your field, you must have a U.S. doctorate or its foreign equivalent.
You can satisfy the advanced degree requirement by holding:
A U.S. master's degree or higher (or a foreign equivalent).
A U.S. bachelor's degree (or a foreign equivalent) plus 5 years of post-degree work experience.
Advanced Degree Position
It's not enough to possess an advanced degree; your position must also necessitate someone with such qualifications. The job should typically require a professional holding an advanced degree. This ensures that your role aligns with the EB-2 classification.
National Interest Waiver of Job Offer:
Now, let's talk about the National Interest Waiver (NIW) of the job offer. This waiver allows you to skip the job offer requirement if it's in the national interest. Here are the criteria:
Qualification: You must qualify either as a member of the professions holding an advanced degree or as a person of exceptional ability.
National Interest: You must demonstrate that waiving the job offer requirement is in the "national interest." This requirement applies to both advanced degree professionals and those with exceptional abilities.
Three Prongs: USCIS evaluates your case based on three prongs:
To prove your eligibility for the NIW, you need to satisfy three prongs:
First Prong: Your proposed endeavor must have substantial merit and national importance. You should explain the specific projects or goals within your occupation that contribute to the nation.
Second Prong: You must be well-positioned to advance your endeavor. This involves showcasing your education, skills, achievements, and support from potential entities.
Third Prong: It should be beneficial for the U.S. to waive the job offer and labor certification requirements. Factors like the impracticality of labor certification, the potential contributions to the U.S., and the urgency of those contributions are considered.
In Conclusion:
If you hold an advanced degree and meet the criteria, the EB-2 NIW visa could be your pathway to the United States. It offers a chance to work in your field without the need for a job offer, benefiting both you and the nation. Remember that each case is unique, and the USCIS evaluates them individually.
Navigating the EB-2 NIW process can be complex. That's where we come in. At EB2-NIW Express Editorial, we provide expert guidance and consultation to maximize your chances of success. Schedule your consultation with us today, and let's embark on this journey together, crafting your path to a successful career in the U.S.!
