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EB-2 NIW:

Basic Eligibility Logic

 

EB-2 NIW is suitable for those who apply without an employer and can documentarily substantiate their professional contribution within the national interest of the United States.

For case review, USCIS evaluates three specific conditions.

1. You have a clear Proposed Endeavor

The petition must clearly show:

  • what exactly you do;
  • in which field;
  • what practical outcome your work produces.
     

This is not about the profession in general, but about a specific activity or project you intend to carry out in the United States.

2. You are capable of carrying out this project

The documentation must demonstrate that you already have a substantiated foundation, not just plans:

  • relevant professional education or equivalent experience;
  • tangible professional results;
  • a logical connection between your past career and the proposed project.
     

USCIS evaluates facts, not potential “on paper”.

3. Waiver of the employer requirement is justified

You must demonstrate that:

  • the Job Offer and Labor Certification requirements interfere with the implementation of the project; and
  • your activity provides a benefit to the United States on its own, independent of a specific employer.
     

This is substantiated through documents and the internal logic of the petition—by describing the project, your professional background, your achieved results, and how they connect to your future work.

At this stage, the structure of the argument and proper organization of evidence are especially important. We assist in assembling and organizing these materials into a clear, consistent document package based on the information you provide.

Professional Immigration Document Preparation Services

We transform your experience and achievements into a clearly structured immigration document package.

Technical document preparation support for a filings, based on publicly available USCIS requirements.

We focus on structure and accuracy so you can focus on your future in the United States.

Book a consultation

Official source

 

All information on this page is based on publicly available U.S. government resources.

Official source: USCIS — EB-2 National Interest Waiver.

VISIT USCIS



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