News & Insights

1. Eligibility Criteria for EB-2 NIW:

• The EB-2 NIW category is for individuals:
  • With an advanced degree (master’s or higher) or its equivalent (bachelor’s plus five years of progressive experience); or
  • With exceptional ability in sciences, arts, or business.
• For the NIW component, applicants must demonstrate:
  • Substantial Merit and National Importance: The proposed endeavor must benefit the U.S. on a national level (e.g., healthcare, technology, education).
  • Capability to Advance the Proposed Endeavor: Evidence of skills, education, experience, and a track record of success in the field.
  • Balancing Test: Showing that waiving the job offer/labor certification requirement benefits the U.S. more than enforcing it.

2. Steps for Filing an EB-2 NIW While on Pending Asylum:

Document Qualifications:

• Include transcripts, diplomas, and certificates proving your advanced degree or exceptional ability.
• Gather proof of significant achievements, such as publications, awards, and contributions to your field.

File Form I-140:

• This is the Immigrant Petition for Alien Worker. You can self-petition for an EB-2 NIW without an employer sponsor.

Concurrent Filing:

• If eligible, you can file Form I-485 (Application to Adjust Status) concurrently with Form I-140, or after the I-140 is approved if a visa number is available.

3. How to Prove Your Ability and Contributions:

Professional Letters of Support:

• Letters from peers, supervisors, or industry leaders in the U.S. or abroad detailing your contributions.
• Healthcare workers from your home country can attest to your prior impact, but emphasize how your work in the U.S. will have a broader and ongoing national benefit.

Published Work and Recognition:

• Submit articles, research, or other evidence showing your expertise is recognized within your field.

Licensing and Certifications:

• Highlight your progress toward obtaining U.S. licensing in your profession, showing your readiness to contribute upon approval.

National Impact of Your Work:

• Describe how your healthcare skills address shortages or advance key U.S. healthcare goals.

4. Why Pursue an EB-2 NIW While on Pending Asylum?

• Dual Intent Pathway: While asylum is a humanitarian protection, an EB-2 NIW provides an employment-based option for permanent residency.
• No Employer Dependency: You can self-petition, which allows more control over the process.
• Eligibility for Adjustment of Status: If you meet adjustment criteria (e.g., lawful entry), this route may be more direct.

5. Challenges and Considerations:

• Unlawful Presence or Status: If you were unlawfully present or entered without inspection, consult an immigration attorney about potential barriers or exceptions (e.g., 245(i) eligibility).
• Simultaneous Applications: You can maintain your asylum application while pursuing an EB-2 NIW, but USCIS will evaluate each independently.