EB2-NIW (Employment-Based Second Preference – National Interest Waiver) is a great opportunity for people having exceptional abilities and advanced degrees to get U.S Green Card without any job offer and sponsorship from employer. This visa category is different from EB1-A, but similar in that its applicants can showcase their exceptional capabilities and prove their contributions to the national interest. Similar as in the case of EB1- A category, valid evidence of extraordinary skills is required. 

For this category, providing strong evidence of exceptional skills and abilities can make the case very strong. Although unlike in the case of EB1-A, providing the evidence of your abilities is not mandatory, yet it can be very beneficial for your petition. Strong evidence of the national importance of your work is also required in this case.

What qualifies as Extraordinary Ability for EB2-NIW?

Highlight Major Awards or Prizes

Showing the national or international awards is the best way to showcase your abilities. Such awards are the indicators of the level of your work and admiration from the leaders of the field. These awards symbolize the appreciation and recognition of your work in your country and also outside the country. 

Example:

Dr. Priya Singh was a researcher on environment sciences. Her petition was approved and she was given an EB2-NIW visa because she has contributed a lot to the research done in the renewable energy field. She has done revolution in sustainability energy solutions, and was given various national awards for her vast services in this area. She has attached her awards certificates, proof of publicity in media, and attestation letters from officials of this field confirming the importance of her awards. 

Publications and Citations in Leading Journals

Research papers, books and articles that have been published in famous journals should be attached in your petition. Also, if your work or research has been cited by other researchers, it should be mentioned too to make your case even stronger.

Example: 

An EB2-NIW applicant has provided the evidence of his data science work in the form of reviewed articles published in renowned journals. His research has been cited by various other researchers too. All of this acknowledgment proved the quality of his work and showed that the person is a well-known personality in this area. 

Membership in Exclusive Professional Associations

If you are a member of an exclusive professional association, you can show this as a proof too. It will provide enough evidence to support your case. Because if you are a member in such associations, it certainly means that you have contributed significantly to your field and are also excellent in your area of work. 

Example

Example includes an applicant who was a member of Association for Computing Machinery (ACM). He has provided the evidence that showed him as a well-known personality in the field of cyber security. ACM is a renowned organization in the field of technology. So his petition included confirmation letters from other members which showed his valuable work in the field of cyber security. 

Original Contributions of Major Significance

Various innovations, software developments, patents and also providing research based solutions of a major problem, can be presented as evidence. These are original contributions of significant nature. 

Example:

A Canadian software engineer developed an AI – based healthcare application that makes detection of cancer in early stages possible. He has included his services and contributions in his application. For evidence he has provided patent certificates, project reports and acknowledgement letters from hospital administration, all of which have proved the efficiency of his software. This leads to the approval of his visa petition. 

Media Coverage

Media coverage in the form of interviews, articles and news about your innovation also proves your contributions and exceptional work. 

Example:

An Indian business owner gained popularity and media coverage when he presented a revolutionary financial solution for small businesses. As a piece of evidence, he provided extracts of renowned newspapers and media resources that have praised and highlighted his work.

Legal Basis and Changes: The matter of Dhanasar 

Matter of Dhanasar, which is a decision made in 2016 by the Administrative Appeals Office (AAO), provides legal structure for EB2-NIW. 

In the Dhanasar case, the Administrative Appeals Office (.AAO) formulated a test having three parts:

1. Substantial Merit and National Importance: The proposed endeavor must be competent in fields like business, science, technology, healthcare, or education.

2. Well-Positioned Applicant: The applicant needs to show that they are capable of increasing their skill set. This includes their education, skills, past performance, and also potential impact.

3. Benefit of Waiving Labor Certification: The applicant must show that not requiring a labor certification would not cause any harm. It means that their work is significant enough to skip the standard employment procedures.

Overall, the Dhanasar decision has made the application process easier and simple, leading to higher acceptance rates for EB2-NIW applicants. It does so by focusing on the value of their contributions rather than just labor market conditions. 

Healthcare Professionals during the COVID-19 Pandemic

One recent trend has shown the increase in the number of successful EB2-NIW applications from healthcare professionals due to the COVID-19 pandemic. Doctors, nurses, epidemiologists, and other health experts who contributed significantly to public health and safety were able to prove the impact of their skills on the well-being of the country.

Hence, the EB2-NIW case is all about efficiently showing your abilities in the form of awards, media coverage, membership in exclusive associations, original contributions and publications etc. All of this shows the contributions to the national interest and it significantly increases your chance of getting approved. Strategic presentation of your contributions are required to get approval in the case of EB2-NIW.