I work in a field of national interest - do I automatically qualify for EB-2 NIW?
Here’s a post by immigration lawyer Amber Davis on qualifying for EB-2 NIW:
USCIS explicitly states that my field is a field of national interest - does that mean I’ll automatically qualify for EB-2 NIW?
No.
You might have a strong case, especially if you already have:
- Evidence of professional participation.
- A strong proposed endeavor.
- Research and citations (can help, but depends on your profile and the nature of your research accomplishments).
But just because you have all of the above does not mean you’ll automatically qualify.
You’ll still have to make an argument through a strong petition, which is important to get right. Especially the third prong where you do a balancing test for USCIS to show why the normal protections for U.S. workers don’t really apply to your situation.
USCIS also has a lot of discretion when it comes to EB-2 NIW, which is why you sometimes see all kinds of nonsensical RFEs and even NOIDs (yes, even a strong NIW case can get an RFE and knowing how to respond can make a difference to the outcome of your case).
This is where an experienced lawyer can make a difference to your case.
-
Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.
Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.