Getting EB-2 Visa NIW with Exceptional Ability

Are you interested in applying for a National Interest Waiver based on having exceptional ability? Would you like to learn more about how you can demonstrate exceptional ability? If so, keep reading to learn more about what is considered “exceptional ability” to get lawful permanent residence information and begin your application process!

The EB-2 visa category in the United States is designed for individuals who hold exceptional abilities in the sciences, arts, or business, or those holding advanced degrees. Within this category, a National Interest Waiver (NIW) offers a unique pathway. It allows you to bypass the usual requirement of having a job offer and the associated labor certification process. For this to happen, your contribution has to have immense intrinsic value and be of national interest to the U.S.

To have an exceptional ability may seem daunting, but do not worry. Meeting the standard for exceptional ability is not as difficult as it may seem. This post will solely focus on explaining its criteria and will bracket information about the advanced degree standard and the waiver itself for other blog entries. 

Eligibility for a NIW: Do I qualify for a NIW? 

You must possess exceptional ability in your field of sciences, arts, or business. This requires more than just a degree or a typical skill set. This exceptional ability is above that ordinarily encountered in these fields. However, to quality, evidence for your capability is needed. Below are ways to demonstrate this ability, and you must meet at least three:

  • 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 your area of exceptional ability
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Beyond demonstrating that you’re extremely talented and highly skilled, your work must hold substantial merit. Specifically, it must significantly benefit the U.S. national economy, cultural, or educational interests. The impact must be widespread and affect a large portion of the U.S. population or address a national issue. Because your work has this effect, you will not need a job offer and labor certification, which are usually required when applying for an employment based visa.

Why Hire an Immigration Attorney?

Navigating the intricacies of U.S. immigration can be complex, especially when it comes to distinguishing whether you hold an exceptional ability. Our team has a wealth of knowledge and experience to ensure that your application is done correctly and in a timely manner. 

Khalique Law is here to guide you through your NIW process. With our expertise, we’ll highlight your exceptional abilities and how they serve the national interest. Reach out to us to begin your journey!



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