What is ‘Prima Facie Eligibility’?

‘Prima Facie Eligibility’ means, in a loose translation, ‘eligible at first glance’. In the context of EB-2 NIW, it is a preliminary assessment in which the authority reviews the submitted documentation to determine whether the applicant appears to meet the basic requirements of the category before a more in-depth examination takes place.

Passing this stage is a positive sign: it indicates that the case has a consistent foundation to advance to the detailed review. Even so, it is only an initial indicator, and not a final decision on the petition.

• It is an initial screening, not an approval of the case.
• It evaluates whether the essential requirements appear to be met at first glance.
• A favorable result does not guarantee the final approval of the petition.

Because the assessment is made on a case-by-case basis, it is worth verifying the current requirements with USCIS and consulting a specialist to understand where your profile stands in this evaluation.

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.