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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 Master’s 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 scientist’s work has practical significance to the
national interest of the United States
Alien’s research and his or her contributions have
direct link to the National Interests.
Alien’s 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 Applicant’s 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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