Eligibility Requirements
To qualify for an EB2-NIW green card, you must meet the following criteria:
1. General EB2 Requirements:
Advanced Degree: You must have at least a U.S. master’s degree (or its foreign equivalent) or a U.S. bachelor’s degree with at least five years of progressive work experience in your field.
– OR –
Exceptional Ability: Demonstrate a degree of expertise significantly above that ordinarily encountered in your field (e.g., arts, sciences, or business).
2. National Interest Waiver Requirements:
You must prove that your work is in the national interest of the United States by meeting the following criteria (as outlined in the Matter of Dhanasar case):
1. Substantial Merit and National Importance: Your work must have substantial merit in a field such as science, technology, healthcare, education, or business, and it must benefit the U.S. on a national level.
2. Positioning to Advance the Field: You must demonstrate that you are well-positioned to advance the proposed endeavor. This includes showing your qualifications, expertise, and track record of achievements.
3. Balancing Test: The U.S. government must conclude that granting the waiver is in the national interest and that requiring a job offer or labor certification would be detrimental to the national interest.
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