Qualifying for EB-2 NIW through Exceptional Ability

Here’s a post by immigration lawyer Amber Davis on qualifying for EB-2 NIW through Exceptional Ability:

If you don’t work in a field traditionally thought of as being in the national interest, you can still potentially qualify for EB-2 NIW by showing Exceptional Ability and some kind of unique ability to contribute to the country.

This route is about showing that what you propose to do is of substantial merit and that your proposed endeavor can significantly benefit the U.S. in your field simply because you are exceptional in your field.

In my own practice, I have not worked with too many clients on pursuing this kind of case as it can be extremely difficult to meet USCIS’ standards through Exceptional Ability (for example, I once filed a case for someone who was at the time running a multi-million dollar logistics operation - he was denied). But I have worked with others such as artists and people running really interesting small businesses that were approved.

So yes, it’s possible to pursue EB-2 NIW in a field that is not “on the list” - it’s just much, much harder but still possible.

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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.