What criteria does USCIS use to evaluate an EB-2 NIW?

The EB-2 NIW (National Interest Waiver) is a visa category aimed at professionals who possess advanced skills or an advanced degree and who, through their projects or fields of work, can significantly benefit the United States. Unlike other categories, the EB-2 NIW allows the professional to request a waiver of the job offer and labor certification requirements, as long as they can demonstrate that their work is in the national interest.

In practice, USCIS (United States Citizenship and Immigration Services) uses an approach based on three main criteria to evaluate an EB-2 NIW petition, as established in the ‘Matter of Dhanasar’ decision. First, it is necessary to prove that the area or initiative in which the professional is involved has substantial merit, meaning that the work performed has intrinsic importance. Next, it must be demonstrated that the initiative has national scope relevance, that is, its impacts or benefits extend to multiple regions or sectors of the country. Finally, the applicant needs to show that they are well positioned to advance their project, bringing significant benefits that justify waiving the traditional requirements of employment and certification.

Beyond these points, USCIS also values concrete evidence of the candidate’s professional history, such as publications, awards, patents, recommendation letters, and other documents that attest to their expertise and contribution to the relevant area. The ability to demonstrate the importance of future projects and how these can positively influence national development is also highly considered.

It is always essential to act in accordance with the United States immigration laws. Therefore, it is recommended to seek specialized institutions or professionals and exercise caution with offers or marketing campaigns that promise easy solutions or guaranteed results. Staying informed and critical is the best way to follow a safe path in seeking the EB-2 NIW.

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.