Eligibility Criteria:

• Advanced Degree or Exceptional Ability:
  To qualify for the EB-2 NIW, applicants must either hold an advanced degree (such as a master’s degree or higher) or possess exceptional ability in their field. Exceptional ability means expertise significantly above the average in areas like science, technology, business, arts, or academia.
• National Interest Demonstration:
  
  
  • Serving National Interest: Candidates must prove that their contributions serve the national interest to a greater extent than the average U.S. worker in their field. This can be shown through past achievements, contributions, publications, awards, and the prospective impact of their work in the United States.
  • Substantial Intrinsic Merit and National Importance:Applicants must demonstrate that their work has substantial intrinsic merit and is of national importance. This could apply to a wide range of fields, including but not limited to science, technology, academia, business, arts, or culture. 

Evidence and Documentation:

• Comprehensive Documentation:
  Applicants need to provide thorough evidence supporting their eligibility, including letters of recommendation, publications, awards, patents, citations, memberships in professional organizations, and other relevant documentation that demonstrates their exceptional abilities or achievements.
• Detailed Plan of Work:
  A detailed plan outlining how the applicant’s work will continue to benefit the United States is essential to substantiate the national interest aspect of their application.

Application Process:

• • Filing the Petition:
    The process involves submitting Form I-140, Immigrant Petition for Alien Worker, along with extensive documentation that proves eligibility for the National Interest Waiver. Applicants typically file the petition themselves without the need for an employer to sponsor them.
  • Post-Approval Steps:
    If the I-140 petition is approved, individuals can then apply for adjustment of status (Form I-485) or an immigrant visa through consular processing to obtain lawful permanent residency (green card).