What are the main factors USCIS evaluates when reviewing an EB-2 NIW petition?

The EB-2 NIW allows professionals with advanced degrees or exceptional ability to petition for a green card without a job offer and without labor certification, provided they demonstrate that their work serves the national interest. When reviewing the petition, USCIS examines these elements as a whole.

The factors that typically receive the most attention are:

• Merit and national importance: whether the field of work and the proposed objectives have substantial relevance to the United States, in areas such as the economy, health, education, security, or technology.
• The petitioner’s qualifications: whether the evidence, such as education, publications, awards, patents, and recognition, indicates that you are well positioned to advance the work.
• The benefit of waiving the standard requirements: whether it makes sense for the country to forgo the job offer and labor certification requirements in this particular case.

None of these factors rests on a single document: what matters is the coherence between the narrative and the supporting evidence presented. Since each case is evaluated individually, it is worth reviewing the latest guidance from USCIS and considering a review of your profile with a specialist before assembling your petition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.