Preparing your application for the EB-2 National Interest Waiver is a daunting task. Between finalizing a good Proposed Endeavor and constantly having to provide all those pesky certificates, awards, memberships, and numerous other papers, you might think, “Why do I even need all these documents? Can’t I just skip out on this part?”.
The truth is, you can’t skip out on documentation if you want a strong, ironclad petition. So let’s discuss why we need these documents in the first place and how they play a role in your application.
First things first, the crux of your petition is the Proposed Endeavor Statement and whether you possess an exceptional ability in the sciences, arts, or business to carry it out. A Proposed Endeavor Statement is straightforward- it is a single document about your future plans in the United States and why they’re important. Demonstrating exceptional ability, however, is more abstract.
Navigating this dilemma requires a perfect balance of both the quantity and quality of your petition exhibits. Exhibits are photos, documents, and other important papers that are shown in a trial to prove your case. For the EB-2 National Interest Waiver, they’re especially important because it allows us to quantify how vital of an asset you are to the United States. So let’s explore the eligibility criteria for the EB-2 that demonstrates exceptional ability one by one:
- Official Academic Records:
An advanced degree, such as a Master’s degree or higher, is the easiest way to meet the eligibility criteria set by USCIS for the EB-2 to indicate exceptional ability as an academic and researcher in your field. Hence the associated transcripts, diplomas, and equivalency certificates, such as evaluations from the World Education Services (WES) and other USCIS-approved bodies, are of utmost importance.
- Letters of Recommendation:
Recommendation letters are powerful exhibits for your case because they vouch for your abilities directly from experts. They not only provide insight into your professionalism and motivations to USCIS but also show that you possess a strong foundation to carry out your Proposed Endeavor using the experience you’ve gained in the past.
To uphold the validity of recommendation letters, it is also important that they are all signed and contain an official letterhead, which assures immigration officers that the letters have actually been provided by the recommenders themselves. Moreover, a recommender’s CV or resume is crucial to demonstrate to USCIS that they are truly a professional who is well-poised to review your work and provide a legitimate recommendation. We understand that gathering letterheads and CVs can be difficult and time-consuming, but they are extremely important to ensure no gaps can be found in your petition and lead to an RFE or denial.
- A license to practice your profession or certifications:
Professional licenses and certifications, such as the Project Management Professional (PMP), are great ways to demonstrate exceptional ability as they directly state your proficiency in the field of your Proposed Endeavor. This is because they are only obtained through a rigorous process, such as courses and exams or special training and fieldwork. Some of them are also recognized globally, which instantly alleviates the strength of your background on an international level.
It is not only the reputation of the organization that matters- the level of skill necessary to obtain a particular license or certificate is also important to highlight in your petition. For example, a Lean Six Sigma certification is a globally recognized standard for quality control, and obtaining one can strengthen your petition. However, possessing a Green or Black Belt rather than a Lean Six Sigma White Belt would truly cement you as a highly skilled and sought-after professional. Hence, the more accredited the certification or license is, the easier it is to convince USCIS that you are a recognized professional with exceptional abilities within your field.
- Evidence of a high salary:
What better way to show off your abilities and set yourself apart than a higher-than-average salary? This can be particularly handy when you don’t have a Ph.D or Master’s degree, as it will speak to the quality of your skills in the workplace compared to existing employees or workers in your field. To show you have exceptional abilities, a comparison is made in the petition between your salary and the average salary of the same occupation in the same geographical location. Documenting the history of your earnings through employment letters is thus of great importance. This can also be done through paystubs, bank statements, and job offer emails.
- Membership in a professional association(s):
Memberships aligned with your field highlight your active contribution and connectedness within your industry and with peers. But there’s a catch: the quality of this document matters greatly.
Just as participatory certificates don’t hold as much value as a globally recognized professional certification that is difficult to obtain, so does membership in a coveted or high-profile organization elevate your background higher than any organization people can sign up for. The value of this exhibit is worth how much it can stress that you are a specialized person who meets an organization’s eligibility criteria- whether that’s academic or professional. Hence appropriate documentation that you are an active member subscribed to the organization and its eligibility criteria will significantly strengthen the argument that you have exceptional abilities.
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, or professional or business organizations:
External recognition for your work or research holds immense value, just like recommendation letters. This recognition can take the form of awards, patents, publications, presentations, professional conferences, and news articles that mention you or your contributions. The more that can be provided, the better, as exceptional ability is reflected by how well-known you are in the field.
It is also important to note that the quality of these exhibits matters, once again. Work projects and routine responsibilities would not be a strong exhibit, as anyone in your organization or field can achieve them. Hence it is important that these recognitions are unique and set you apart from others in your field.
Well, that was all six of the criteria to showcase exceptional ability. In the case that you don’t possess an advanced degree, meeting at least three of these six criteria deems you eligible. For the EB-2. However, simply possessing these supporting documents will not automatically grant you a green card.
USCIS takes a two-step approach to analyze these documents to decide whether you meet the EB-2 criteria. First, they assess whether appropriate documentation for each criterion has been provided. This is why it is important that no piece of evidence is missed. Second, they assess each piece of evidence based on its weight and quality to determine whether it actually demonstrates your expertise and sets you apart from your peers. Simply having many pieces of evidence will not be enough to convince the immigration officers that you should be granted an EB-2. Hence legitimate and official documentation that carries significant worth is crucial to securing the success of your application.
Although we’ve taken a short class on why documentation and exhibits are important for the EB-2 NIW with this article, it is still a complex process with many caveats that may not be easy to spot at first glance. Hence, we welcome you to engage in open discussions to clear any confusion regarding the applications, criteria, and process. Please do not hesitate to reach out to us if you have any questions- we are always here to help!
