What are the main indicators that USCIS uses to assess the viability of your case?

The EB-2 NIW (National Interest Waiver) process is an excellent opportunity for professionals who wish to make a significant contribution to the United States, waiving the requirement for formal employment. However, approval of this visa depends on a thorough analysis of several factors by USCIS (United States Citizenship and Immigration Services).

It is important to remember that following all immigration laws, seeking information from reliable sources, and being cautious about miraculous promises are essential practices to avoid complications.

First, USCIS verifies whether the applicant meets the basic requirements of the EB-2 category, which include proving possession of an advanced degree or demonstrating exceptional ability in the respective field of expertise. In the case of the NIW (waiver of the Labor Certification), the evaluation goes beyond individual academic and professional qualifications: it is necessary to present evidence that the proposed work has substantial relevance and beneficial impact for the national interest of the United States.

Among the main indicators, USCIS evaluates:
• The relevance of the work to the national interest: The applicant must demonstrate that their field of expertise has strategic importance and that their efforts can bring significant benefits to the country, whether through innovations, technological advances, or relevant social contributions.
• Evidence of professional achievements: Publications, citations, awards, relevant projects, patents, or any other recognition that proves the candidate’s influence and credibility in their area of expertise. These elements help substantiate the argument that the work has merit and impact on a national level.
• Proof that the proposed work has practical viability: Beyond theoretical relevance, the analysis involves demonstrating that the project or activities to be developed have realistic implementation and potential to generate concrete benefits for the United States, justifying the waiver of the traditionally required job offer.
• Contribution to future initiatives and leadership in the field: The candidate’s ability to foster new ideas, lead projects, and attract collaborations that can generate a multiplier effect in their sector is also considered. This reinforces the importance of their work for national competitiveness and development.

Each of these points is evaluated holistically, considering the candidate’s history and future plans. For this reason, it is essential to prepare a well-documented and consistent dossier that addresses all these aspects, always respecting the United States immigration laws and guidelines.

Finally, it is always prudent to rely on the guidance of specialized professionals and avoid falling for marketing courses or promises of guaranteed results. Immigration rules can be complex, and therefore, careful and informed preparation of your case is the best strategy to increase your chances of success in the EB-2 NIW process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.