EB-2 NIW Lawyer in NYC

EB2 NIW Basics

You may be eligible for an EB2 NIW visa if you hold an advanced degree or its equivalent, or are a foreign national who has exceptional ability. Your spouse and children under the age of 18 may be admitted to the United States. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

In order to qualify under the advanced degree category you:

• Must apply for a job that requires an advanced degree
• Must possess an advanced degree (or possess a bachelor’s degree plus 5 years of progressive work experience)

In order to qualify under the exceptional ability category you:

• Must show exceptional ability in the arts, sciences, or business.
• Must meet at least 3 of the criteria:
  • Official academic record showing that you have learning relating to your area of exceptional ability
  • Letters that show 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.

In order to qualify for the EB-2 NIW you:

• Must be alien requesting that the Labor Certification be waived because it is in the interest and would greatly benefit the U.S.
• Must meet at least 3 of the criteria:
  • Official academic record showing that you have learning relating to your area of exceptional ability
  • Letters which show 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.