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EB2NIW: Advanced Degree Requesting National Interest Waiver

EB2 NIW Legal Requirements: Post-doctoral researchers, post-graduate researchers, Ph.D. students and others may apply for U.S. Permanent Residence in this classification because it can be a self-petition. No permanent job position or employer sponsorship is required.  

Applicant must have advanced degree or exceptional ability

(1) Advanced degrees include Masterís degree, Ph.D. degree, M.D. equivalent degree. Advanced degrees include the ones that received from China or other countries after a Foreign Academic Credential Evaluation by a credited evaluation agency.

(2) Exceptional ability

There is no degree requirement. Applicant needs to prove exceptional ability and often times ten years or more experience in the field.

Alien scientistís work has practical significance to the national interest of the United States

Alienís research and his or her contributions have direct link to the National Interests.

Alienís work bring a benefit that is national in scope

Alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

 If a labor certification were required for the alien, the national interest would be adversely affected

EB2NIW Document Preparation Suggestions

Opinion letters from significant U.S. organizations are often suggested by CIS.

Documents to Prove Applicantís Exceptional Ability

(1) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

(2)--Documentation of the alien's membership in associations in the field for which classification is sought.

(3)-- Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.

(4)-- Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.

(5)-- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

(6)--Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.

(7) Evidence of citations by other independent scientists.


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