10 Best Industries For EB-2 Visa Applicants: Discover The Best Sectors for EB-2A and EB-2B Visas

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Though the United States Citizenship and Immigration Services (USCIS) does not have a predefined list of which industries are preferred for the EB-2 visa, certain industries align better with the criteria for the EB-2 visa, including both EB-2A and EB-2B categories.

Read on to discover the top ten sectors that typically have a strong representation of EB-2 visa applicants and the challenges and opportunities for each.

What is EB-2 visa?

The EB-2 visa (also known as employment-based second preference) is designed for professionals with an advanced degree (or its foreign equivalent) or exceptional ability in the arts, sciences, or business. They must also have a job offer from a U.S. employer petitioning on their behalves unless waived with a National Interest Waiver (NIW).

There are two categories under the EB-2 visa:

Advanced degree

The job offer from a U.S. employer must require an advanced degree or above a bachelor’s degree. Foreign equivalent degrees are also accepted, provided a USCIS-recognized credential evaluation agency evaluates these credentials. The applicant must also meet other requirements specified on the labor certification.

Exceptional ability

Likewise, to be eligible as a professional with exceptional arts, sciences, or business ability, the applicant must demonstrate it with supporting documentation and evidence. Exceptional ability is a degree of expertise significantly above that ordinarily encountered in the applicant’s field. The applicant must also meet other requirements specified on the labor certification.

For a more in-depth guide to the EB-2A and EB-2B visas and their criteria and requirements, click here.

Top 10 Best Industries For EB-2 Visa

Here are some sectors that typically have a strong representation of EB-2 applicants:

Information Technology (IT)

IT is a prime sector and one of the best industries for EB-2 applicants since the U.S. highly demands professionals with exceptional IT abilities and advanced degrees. It covers various disciplines, including software development, artificial intelligence, cyber security, data science, and more, making it suitable for individuals from various backgrounds.

Companies in various industries rely on IT-driven solutions, providing a stimulating environment for professionals seeking to contribute their advanced IT knowledge and exceptional abilities and work on innovative projects that push the boundaries of technology. Moreover, the skills acquired in the IT industry are highly transferable, enabling IT professionals to adapt to various roles and industries and further grow their knowledge and expertise.

Opportunities		Challenges
High Demand	High demand in the U.S. IT sector creates a need for skilled professionals, presenting opportunities for exceptionally skilled or knowledgeable applicants.	Rigid eligibility criteria	The EB-2 visa has stringent and specific eligibility criteria, especially involving demonstrating exceptional ability or advanced degrees. It requires thorough documentation, professional recognition, and evidence of achievements in the IT field. It can be challenging to compile persuasive evidence.
Technological advancements	The IT industry is ever-present in technological advancements, providing various exciting prospects for applicants who wish to be part of cutting-edge advancements in artificial intelligence, cyber security, data science, etc.	Labor market competition	The IT industry is competitive, filled with talented professionals both domestically and internationally, making EB-2 applicants face tough competition for job opportunities.
Skill shortages	EB-2 applicants can take advantage of niche areas within the IT sector. They can leverage their considerable knowledge or expertise in these areas.	Effects of the H-1B visa cap	The H1-B visa is commonly used by IT professionals. It has a cap, limiting the number of available visas annually. This can lead to uncertainty for EB-2 IT professionals seeking alternative routes.
Career progression and stability	EB-2 visa holders can secure positions in reputable IT companies and build long-term careers since it offers progression opportunities, creating stability.	Complicated immigration procedures	The immigration process and stringent requirements for the EB-2 visa are time-consuming. EB-2 applicants would benefit from professional guidance to streamline this complicated process.
Entrepreneurial ventures	IT professionals have the potential to start their own technology-focused businesses, creating entrepreneurial possibilities.

Engineering

Engineering is a lucrative field for EB-2 applicants since it naturally requires exceptional abilities and advanced degrees. Engineers are vital in various industries, hence making it one of the best industries for EB-2 visa. The sector contributes to infrastructure development, innovation, and technological advancements. It comprises various branches like civil, mechanical, electrical, and software engineering.

Engineering professionals contribute to research and development initiatives, pushing the boundaries of engineering knowledge and finding solutions to complex challenges. Fields like renewable energy, artificial intelligence, robotics, and sustainability often present opportunities for engineers. Applicants can also tap into construction, manufacturing, transportation, aerospace, technology, and energy.

Opportunities		Challenges
High Demand	EB-2 visa applicants will find that engineering professionals are in demand across multiple industries like manufacturing, technology, etc., creating a need for qualified engineers.	Credential evaluation	Applicants educated outside the U.S. may face complications arising from meeting U.S. educational standards. They should seek USCIS-accredited credential evaluation.
Innovation	Due to technological advancements, many opportunities exist for engineers who can contribute their expertise to cutting-edge projects, research initiatives, and innovations.	Competition	Engineers should expect tough competition, especially in popular disciplines with a saturated market in the U.S., limiting job opportunities.
Research and development	Engineers can engage in research and development activities in the U.S. involving new concepts, technologies, and methodologies to address various engineering challenges across different sectors.	Licensing and certification	Some engineering disciplines need specific certifications and licenses to practice in the U.S. Applicants may need to undergo additional assessments and examinations set by professional engineering organizations.
National Interest	Due to infrastructure developments in the U.S. in transportation, water, energy, and sustainability, EB-2 applicants can leverage opportunities that may qualify for the National Interest Waiver (NIW).	Effects of the H1-B visa cap	Engineering professionals often use the H1-B visa, which has an annual limit on the number of visas issued, creating additional competition and uncertainty for applicants seeking various pathways to enter the U.S.
Career progression and stability	Engineering offers lucrative opportunities. With adequate experience and qualifications, EB-2 visa holders can secure positions and take on leadership roles that enable career progression.

Science and Research

Science and Research is a strong fit and a great option from the best industries for EB-2 Visa list. Since it offers plenty of opportunities focusing on scientific advancements, environmental research, biomedical discoveries, and more, where professionals with exceptional abilities or advanced degrees can significantly contribute across various sectors.

Science and Research drive progress and innovation across sectors, significantly addressing global challenges and creating improvements. It often involves interdisciplinary collaboration where experts from different domains work together in opportunities applicable to public health and national interest, which can strengthen the case for an EB-2 visa. It can encompass sectors like pharmaceuticals, agriculture, environmental sciences, and more.

Opportunities		Challenges
Collaboration	Visa holders in science and research can collaborate with industry partners in turning scientific discoveries into practical applications, leading to new products, solutions, and technology developments.	Rigorous credential evaluation	Applicants educated outside the U.S. will require rigorous credential evaluation to ensure their qualifications and research experiences meet U.S. standards.
Career advancement	The scientific community values expertise and advanced degrees. EB-2 visa holders can pursue a career path with opportunities for growth, recognition, and leadership positions across various industries.	Competitive job market	Science and Research are highly competitive, especially in prestigious institutions and highly specialized fields.
National interest	Many scientific advancements contribute to public health and can count towards the national interest. Applicants with contributions that address critical issues like disease prevention or environmental conservation can apply for an NIW or strengthen their case for an EB-2 visa.	Funding and grant challenges	Securing funding for research projects can be competitive and complex.
Research opportunities	The U.S. has a thriving research ecosystem with numerous opportunities for visa holders to contribute to groundbreaking research projects in collaboration with renowned scientists.	Limited research positions	Reputable institutions may have limited availability, especially for sought-after fields. It is recommended that applicants explore various avenues for suitable positions.

Medicine and Healthcare

Medicine and healthcare are also a strong fit and among the great best industries for EB-2 Visa. The U.S. has a lucrative healthcare industry with high demand for skilled healthcare professionals with exceptional abilities or advanced medical degrees.

Medicine and healthcare are considered essential to the U.S. Professionals can contribute to clinical advancements, research breakthroughs, and initiatives that prevent diseases, improve healthcare quality, and promotes public health.

Opportunities		Challenges
High demand for medical and healthcare professionals	The U.S. has a high demand for skilled healthcare and medical professionals. Applicants can fill the gaps in the healthcare workforce, especially in underserved areas or specialized fields.	Licensing and certification	Healthcare professionals require specific registrations, certifications, and licenses to practice in the U.S. Applicants may need to fulfill additional requirements or pass examinations to meet U.S. standards.
Specialized medical practices	Visa holders with advanced degrees and considerable experience can establish or join specialized medical practices in the U.S., such as neurology, oncology, and other fields. The U.S. has a high demand for specialized fields.	Credential evaluation	Applicants educated outside the U.S. will require rigorous credential evaluation to ensure their qualifications and medical/healthcare experiences meet U.S. standards.
Academic and teaching positions	Visa holders can take advantage of opportunities to pursue academic positions in teaching hospitals, research institutions, or medical schools. They can educate and mentor future healthcare professionals and contribute to medical research and scholarships.	Residency programs and training	Graduates of medical programs outside the U.S. may need to complete further training in the U.S. to obtain the necessary licenses and permits. Given the complex residency matching process in the U.S., this process can be complicated and competitive.
Public health initiatives	Visa holders can contribute to public health initiatives that improve population health, healthcare access, and disease prevention. They can work with government agencies and NGOs on local and international initiatives.	Differences in culture and healthcare system	Adapting to a new healthcare system, cultural norms, and practices can be challenging. Applicants need to understand the nuances of the U.S. healthcare system.
Leadership and administrative roles	Qualified visa holders can seek leadership and administrative positions in healthcare organizations and contribute to shaping policies, managing healthcare systems, and improving patient care and healthcare access.

Finance and Economics

The Finance and economics industry suits EB-2 applicants with exceptional abilities or advanced degrees in economics, finance, or related fields, positioning them for impactful roles in economic research organizations, financial institutions, or government agencies. If you have an interest in this sector, it makes a great option as it is among the best industries for EB-2 Visa.

The U.S. has a diverse and strong financial industry, including banking, insurance, fintech, asset management, etc. This field is also ripe with opportunities in business development and corporate finance roles.

Opportunities		Challenges
Career advancement	EB-2 visa holders can pursue opportunities in prominent institutions like investment firms, fintech startups, and more. These opportunities involve risk management, financial analysis, or corporate finance, which have high demand in the U.S.	Industry-specific regulations and licensing	Some finance professions, like financial advisors or investment managers, may require specific licenses or certifications to practice in the U.S. Applicants need to familiarize themselves with these requirements as they may need to fulfill them and pass examinations to meet regulations.
Consulting and advisory services	Finance and economics professionals are well-regarded for their expertise in providing consulting services to NGOs, government agencies, and businesses across different sectors. Specialized professionals can use opportunities to provide services for strategic planning and economic insights.	Credential evaluation	Applicants educated outside the U.S. will need to ensure their qualifications meet U.S. standards. It is imperative to acquire an evaluation from USCIS-approved credential evaluation agencies.
Government and policy roles	EB-2 visa holders can seek government and policy roles in government agencies, central banks, regulatory bodies, etc. These roles influence economic decisions, address market trends, and shape the economy at various levels.	Competition and skill requirements	Finance and economics can be highly competitive. EB-2 applicants need to showcase extensive experience and specialized knowledge to stand out.
International financial centers	EB-2 visa holders gain access to global financial centers, such as New York City and Chicago, which offer extensive opportunities. They can tap into the U.S.’ vibrant financial ecosystem and network with industry professionals for more opportunities.

Architecture and Design

The U.S. offers numerous exciting opportunities in the field of Architecture and Design. Individuals with advanced degrees and exceptional abilities in architecture, urban planning, interior design, or related fields can help shape and build spaces, create innovative designs, and improve the aesthetics and functionality of spaces across various industries in the U.S.

Architecture and design professionals are involved in designing and constructing buildings, landscapes, and urban spaces. In particular, professionals focusing on innovation and sustainability can contribute their expertise in energy-efficient architecture, sustainable urban planning, green building design, and more. This is a lucrative profession in the U.S. since the country attracts numerous business opportunities and developments, resulting in the need for architecture and design services. It is among the best industries for EB-2 visa.

Opportunities		Challenges
Sustainable and green design initiatives	The U.S. has a growing focus on environmental consciousness, presenting opportunities for EB-2 visa holders to contribute to green building design, sustainable urban planning, etc. Architecture and design professionals can seek projects involving renewable energy, eco-friendly principles, resource conservation, and more.	Portfolio development and competition	Architecture and design can be competitive. Applicants need to demonstrate their expertise and experience by building a compelling portfolio showcasing the quality of their skills, innovation, and creativity to stand out.
Academic and research positions	EB-2 visa holders can seek positions in universities or design schools to teach interior design, architecture, or other related subjects. This opportunity allows them to engage in research and contribute to their field’s advancements.	Licensure and certification	To practice in the U.S., applicants need to check for required specific licensure or certifications. They may need to fulfill additional requirements and pass examinations to meet U.S. standards.
Entrepreneurship and design consultancies	EB-2 visa holders can establish their own architectural or design consultancies and offer specialized services to clients, allowing them to pursue their vision, work on various projects, or even build their reputation as an entrepreneur.	Credential evaluation	Applicants educated outside the U.S. will need to seek USCIS-approved credential evaluation agencies to ensure their educational qualifications and experiences meet U.S. standards.
Architectural firms and design studios	EB-2 visa holders can pursue opportunities in reputable architectural firms, multidisciplinary design practices, and design studios, offering various project opportunities related to residential, commercial, institutional, or public spaces.

Business and Management Consulting

The U.S. Business and Management Consulting sector offers exciting opportunities for EB-2 applicants, allowing them to provide valuable strategic guidance, insights, critical thinking, and problem-solving expertise to various organizations and sectors.

The U.S. has a robust and diverse business environment known for innovation, diversity, a large market size, and a strong market economy, making it a top destination for multinational companies seeking to expand their reach. As a result, business and management consulting services are in demand throughout the country, making this sector the best industries for EB-2 Visa.

Opportunities		Challenges
Emerging trends and digital transformation	The U.S. business landscape is growing and evolving. It is driven by emerging trends and digital transformations that EB-2 visa holders can take advantage of with their knowledge of innovative technologies, data analytics, digital strategies, etc.	Client acquisition and networking	Establishing professional networks and a large client base is essential in consulting. Thus, new entrants may find it challenging to acquire clients and build relationships initially due to limited contacts and the need to establish credibility first.
Corporate strategy and internal consulting roles	Large corporations have internal consulting teams that support strategic initiatives, which EB-2 visa holders can explore, allowing them to work with senior executives and drive organizational growth.	Cultural and market understanding	Business and management consulting requires a deep understanding of the local market dynamics, business practices, and cultural differences. EB-2 applicants must adapt their approach and acquire knowledge of the U.S. business environment to succeed.
Consulting firms and advisory services	The U.S. has numerous renowned consulting and boutique advisory firms that offer clients a wide range of services. These are opportunities for EB-2 visa applicants to tap into.	Competition and industry experience	The competition is stiff in the business and management consulting industry. It strongly emphasizes experience, client engagement, and a track record of success. New entrants may need help to compete and showcase their extensive experience and exceptional abilities to stand out.
Industry specialization	EB-2 visa holders can focus on specific industries where their expertise align and become subject matter expert in various areas like healthcare, technology, manufacturing, finance, etc. They can be able to position themselves as valuable consultants in these industries.
Entrepreneurial support and startup ecosystem	The U.S. has a thriving startup ecosystem filled with incubators, accelerators, and supportive organizations for which EB-2 visa holders can engage and provide consulting services.

Education

Education is a top and best industries for EB-2 Visa in the U.S. due to the country’s high demand for skilled educators, a focus on educational excellence, a diverse student population, and advanced technology and opportunities for educational leadership and administration.

The U.S. education system seeks qualified and experienced educators whose contributions are valuable in research-based practices, curriculum development, and cross-cultural teaching methods to improve student outcomes. Applicants can take advantage of shortages of educators in certain subjects and specialized fields and help shape the future of education in the country.

Opportunities		Challenges
Higher education institutions	EB-2 visa holders can seek positions in colleges and universities to teach undergraduate or graduate courses, conduct research, and contribute to academic programs in their field.	State certification and licensing	Teaching positions often require state certification and licensing, which vary from state to state. Applicants may need to fulfill requirements to meet standards set by respective state education departments.
Research institutions and think tanks	Visa holders can seek opportunities within research institutions or think tanks focusing on educational psychology, curriculum development, and education policy.	Cultural and pedagogical adaptation	Applicants must adapt their teaching methodologies, approaches, and communication styles to fit the U.S. educational system, student expectations, and cultural norms.
K-12 schools and districts	Visa holders can look into teaching positions in K-12 schools, especially in high-demand or specialized areas.	Limited job openings in some areas	Certain regions may have limited job openings or tough competition for teaching positions. Applicants should target regions with higher demand or consider alternative roles within the education sector.
Professional development and consulting	Visa holders can use opportunities to engage in professional development activities like conferences, training programs, and workshops to hone their skills and knowledge further. Additionally, they can explore consulting opportunities to guide educational institutions.

Arts and Entertainment

Arts and Entertainment is one of the best industries for EB-2 Visa due to the country’s diverse and vibrant creative industry. The U.S. has global influence and significant demand for artistic talent. It is home to world-famous theaters, film studios, art galleries, music venues, and cultural institutions that attract performers, artists, and professionals worldwide.

The sector provides opportunities for individuals with exceptional knowledge and talent in music, theater, dance, film, visual arts, and design to contribute their skills, creativity, and perspectives to the American art landscape. The country also provides plenty of platforms for artists to showcase their work to a diverse audience and collaborate with industry professionals to grow their careers further.

Opportunities		Challenges
Access to resources and facilities	The U.S. will provide access to state-of-the-art facilities, equipment, resources, and studies that can further enhance artists’ creative processes and outputs. Visa holders can use this to develop their skills and enhance their projects.	Highly competitive	The arts and entertainment industry is highly competitive in the U.S., making it challenging to secure recognition and employment. Applicants will need to demonstrate achievements and considerable abilities to stand out.
Collaboration and exposure	The U.S. has plenty of renowned artists, performers, and industry professionals, enabling visa holders to work with established organizations, and participate in festivals, performances, etc., to gain exposure to diverse networks and audiences.	Ongoing visa sponsorship	Unlike self-petitioned categories like the O-1 visa, the EB-2 visa would require employer sponsorship or a U.S. job offer.
Cultural exchange and influence	The U.S. has a rich cultural diversity, with many artists from different backgrounds contributing to its vibrant arts and entertainment scene. It allows visa holders to engage and offers their unique perspectives to enrich the American arts landscape further and learn and collaborate with others.	Visa processing complexities	The EB-2 visa application can be time-consuming. Applicants must consider delays and other complexities and plan ahead.
Market reach and industry recognition	The U.S. arts and entertainment sector has a global reach, offering global opportunities for artists to gain international exposure and recognition, opening opportunities for significant milestones.
Professional development and training	Visa holders can take advantage of opportunities to engage in professional development masterclasses, workshops, and programs to enhance their abilities and expand their knowledge further in the U.S.

Legal and Professional Services

The U.S. has a robust legal system with a highly-developed professional services industry that demands skilled legal and business professionals with exceptional abilities and advanced knowledge of law, finance, accounting, consulting, and management.

The sector provides a platform for EB-2 applicants to work with and for leading organizations and serve diverse clients in complex and high-impact projects that influence business strategies and legal frameworks and shape the profession’s future. If possess this skillset, it will make a great choice for your application as it is part of the top 10 best industries for EB-2 Visa.

Opportunities		Challenges
High demand	The U.S. legal and professional services sector highly demands skilled professionals. EB-2 visa holders with expertise in corporate law, intellectual property, finance, consulting, tax, etc., can find plenty of opportunities for entrepreneurial ventures and employment.	Licensing and bar admission	Each state has its own requirements and examinations, making obtaining state bar admissions a significant challenge for legal professionals who may need it.
Collaborative work environment	The U.S. legal and professional services sector offers opportunities for collaboration with renowned professionals, clients, and organizations, allowing EB-2 visa holders to work on complex projects and contribute to solving business, financial, and legal challenges.	Credential evaluation	USCIS-approved credential evaluation agencies must evaluate international education and credentials to ensure they meet U.S. standards. This can be time-consuming and may require additional examinations and requirements.
Professional development and networking	EB-2 visa holders can take advantage of the country’s wide range of professional development opportunities, like conferences, industry events, and seminars. They can enhance their knowledge and skills and build a robust network that opens doors to more opportunities.	Competitive job market	The legal and professional services sector is highly competitive, and securing clients and employment is challenging. Applicants must demonstrate a strong track record of success and showcase their exceptional abilities and experiences to stand out.
Exposure to diverse industries and clients	The U.S. has a diverse business environment, offering EB-2 visa holders the opportunity to work with a wide range of clients from different industries, including Fortune 500 companies, innovative startups, government agencies, and NGOs, furthering their skills and recognition.
Influence and impact	Visa holders will gain opportunities to contribute their expertise in shaping legal frameworks, driving business strategies, and developing innovative solutions to complex challenges across various sectors. The U.S. offers a platform to make a significant impact and influence in the legal and professional services field.

Please contact us here for any inquiries regarding the EB-2 visa and its application process and requirements.

How to Apply for a National Interest Waiver (NIW)?

If you qualify for a National Interest Waiver (NIW) under the EB-2 immigrant visa category, you may apply for a green card without a job offer or labor certification.

Follow these steps to complete the process.

Step 1: Confirm You Are Eligible

Before applying, make sure you meet both of the following:

You qualify for the EB-2 category, either through an advanced degree or exceptional ability.
You meet all three criteria for a National Interest Waiver:

Your work has national importance.
You are well-positioned to carry it out.
It benefits the United States to waive the job offer and labor certification requirement.

Step 2: Complete Form I-140

The NIW process begins by filing Form I-140, Immigrant Petition for Alien Worker. This is a self-petition. You do not need an employer.

You will need:

The completed form
A check or money order for the required filing fee
Supporting documentation (see next step)
The correct mailing address for your United States Citizenship and Immigration Services (USCIS) service center

Step 3: Prepare Supporting Evidence

A strong petition is well organized and clearly documented. Include the following:

A written summary explaining how your case meets each waiver requirement
Evidence of your EB-2 eligibility (degrees, experience, certifications)
A description of your proposed work and why it benefits the United States
Documents showing your past results and your ability to carry out the work
Recommendation letters from professionals in your field
Independent experts carry more weight than colleagues or supervisors
Proof that waiving the job offer requirement would benefit the national interest
Examples include published work, contracts, funding, awards, patents, and media coverage

Tip: Use headings and label your exhibits clearly. USCIS reviewers are likelier to approve a petition that is easy to follow.

Step 4: File Your Petition

Once your documents are ready, mail your complete packet with payment to the appropriate USCIS service center. Include a copy for your records.

After submission, the USCIS will send a receipt notice confirming it received your petition.

Step 5: Monitor Your Case

The USCIS may take several months to review your petition. You may receive a Request for Evidence (RFE) if more information is needed. Responding on time with complete materials is important.

You will be notified when the USCIS makes a final decision.

Example: What a Strong NIW Case Looks Like

An environmental engineer with a U.S. master’s degree and over ten years of experience developed a water purification system used in rural public schools across several states. Her petition included proof of advanced education, data showing public health improvements tied to the system, third-party evaluations, and letters from independent experts in environmental health and infrastructure. She also documented the adoption of her technology in federal grant programs and public utility contracts. The USCIS concluded that the work addressed a nationwide public health concern, that she had a consistent record of results, and that requiring a specific employer or labor certification would delay or limit the broader rollout of the system. The waiver was granted because the benefit to the United States outweighed the purpose of the traditional job offer requirement.

What Are the Criteria for Obtaining a National Interest Waiver?

The National Interest Waiver (NIW) is an immigration option for individuals whose work has value to the United States. It allows eligible applicants to pursue a green card without a job offer or labor certification.

If your work solves problems affecting the country, not just your company, you may qualify to apply independently. This is a self-petition process. No employer or sponsor is required.

This guide explains how the process works using only information from U.S. government sources.

What Is the National Interest Waiver?

The NIW is part of the EB-2 visa category, which includes professionals with advanced degrees or exceptional ability. In most EB-2 cases, a U.S. employer must sponsor the applicant and obtain a labor certification from the Department of Labor.

The waiver removes both of these requirements. It allows a person to apply for permanent residence based on their own contributions, without relying on a job offer.

You must prove that your proposed work has national importance and that skipping the usual process benefits the country.

Quick Fact: You do not need to work in government or hold national awards. What matters is whether your work serves the interests of the United States as a whole.

Who Can Apply?

Before requesting the waiver, you must qualify for the EB-2 category in one of two ways:

Advanced Degree

You hold a master’s degree or higher, or a bachelor’s degree followed by at least five years of progressive work experience in your field.

Exceptional Ability

You show a level of expertise significantly above what is typically found in your field. The United States Citizenship and Immigration Services (USCIS) requires at least three types of evidence, such as:

Academic records
Proof of ten years of full-time experience
Licenses or certifications
High salary compared to others in the same field
Membership in professional associations
Awards or recognition from peers
Other proof of distinction

What Are the Legal Criteria?

Once you meet the basic EB-2 qualifications, the USCIS applies a legal test to determine if the waiver should be granted. This is based on a case called Matter of Dhanasar.

You must meet all three parts:

Your work must have value and national importance.
This refers to work that addresses public needs, national priorities, or broad economic, scientific, or cultural goals.
You must be well positioned to carry out the work.
The USCIS reviews your education, experience, past achievements, and current activity to assess your ability to succeed.
The United States must benefit from waiving the usual process.
This applies when requiring a job offer or labor certification would delay or limit work that has a clear national benefit.

Examples of Strong Cases

NIW eligibility does not depend on your job title or industry. The USCIS looks at the national importance of your work. These are examples of areas where successful petitions are common:

Public health research
Clean energy development
Artificial intelligence that improves public safety
Education projects in underserved areas
Businesses that create jobs or support innovation
National security or infrastructure planning

Important: There is no official list of qualifying fields. The strength of your petition depends on the impact you can demonstrate.

How difficult is it to get an NIW application approved?

The National Interest Waiver (NIW) is a provision within the EB-2 immigrant visa category that allows applicants to request a waiver of the job offer and labor certification requirements. The United States Citizenship and Immigration Services (USCIS) evaluates these petitions using a legal framework established in the precedent decision Matter of Dhanasar. To be approved, the applicant must show that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance the endeavor, and that it would benefit the United States to waive the standard requirements.

The difficulty of obtaining an NIW approval depends on how well the petition addresses each of the three legal criteria. The USCIS applies a preponderance of the evidence standard, meaning it must be more likely than not that each requirement is met. Officers consider the totality of the evidence submitted, including academic records, professional achievements, letters from independent experts, and documentation of real-world outcomes or relevance to U.S. interests. The USCIS does not require national recognition or awards, but requires a clear and well-supported case that meets all three prongs of the test.

The USCIS does not publish separate approval rates for NIW petitions. However, official guidance states that each case is reviewed individually, and officers evaluate whether the evidence satisfies all three legal standards. Petitions are more likely to succeed when they include detailed, specific, and relevant documentation from credible sources. Petitions that rely on general claims or unsupported achievements are less likely to be approved under current USCIS policy.

How Does USCIS Define Exceptional Ability for National Interest Waiver (NIW) Applicants?

For National Interest Waiver (NIW) applicants under the EB-2 visa category, one way to meet the basic visa requirement is by showing exceptional ability in the sciences, arts, or business. The United States Citizenship and Immigration Services (USCIS) defines exceptional ability as expertise that is significantly above what is typically found in the field. This standard is lower than the extraordinary ability requirement under the EB-1 category, but it is still held to a high evidentiary threshold.

USCIS uses a two-step review process to determine whether a person qualifies under this category. In the first step, the applicant must submit evidence that satisfies at least three out of the following six criteria:

An academic record showing a degree, diploma, or certificate related to the field of claimed ability
Letters from current or former employers confirming at least ten years of full-time experience
A license or certification to practice the profession
Proof of a salary or other compensation that reflects exceptional ability relative to others in the field
Membership in professional associations
Recognition for contributions or achievements from peers, government entities, or industry organizations

If these criteria do not apply to a person’s occupation, the USCIS allows applicants to submit comparable evidence. However, the applicant must explain why the listed criteria are unsuitable and why the alternative evidence should be accepted.

In the second step, USCIS conducts a final merits determination. This involves reviewing all evidence together to decide whether, taken as a whole, the applicant’s record demonstrates a degree of ability well above that ordinarily encountered. Meeting three criteria alone does not guarantee approval. Officers consider the strength, credibility, and relevance of the evidence. Qualifications common in the field, such as holding a degree or being a member of an association, are not enough unless they show a clear distinction above others in similar roles.

What Are the Advantages of Applying for an EB-2 National Interest Waiver (NIW)?

The EB-2 NIW allows applicants to pursue permanent residence based on work that benefits the United States. In addition to waiving the labor certification and job offer requirements, the NIW offers several practical advantages confirmed by U.S. immigration policy.

1. No Job Offer Required

Applicants are not required to have a U.S. employer sponsor their petition. This allows individuals to apply based on their proposed work in the national interest, without needing a specific job offer or employer commitment.

2. No Labor Certification Required

The permanent labor certification (PERM) process, typically required in employment-based green card categories, is waived. This removes the need for a labor market test and shortens the process.

3. Self-Petition Is Allowed

You may file Form I-140 on your own behalf. No employer, agent, or outside petitioner is needed to initiate the green card process.

4. Flexibility After Approval

Because the petition is not tied to a specific employer, applicants have more freedom to move between roles or projects. United States Citizenship and Immigration Services (USCIS) policy allows this flexibility as long as the new work aligns with the national interest endeavor described in the petition.

5. Concurrent Filing May Be Available

If your priority date is current, you may file Form I-140 and Form I-485 at the same time. This can reduce total processing time and allow for interim benefits like work and travel authorization.

6. Premium Processing Is Offered

Since January 30, 2023, EB-2 NIW petitions are eligible for premium processing. The USCIS will take adjudicative action within 45 calendar days when this service is requested.

What Are the Advantages of Applying for a National Interest Waiver (NIW)?

A National Interest Waiver (NIW) is a special option under the EB-2 green card category that can make it easier for certain professionals to get permanent residence in the United States, especially those whose work benefits the country as a whole. Here are the main advantages of applying for an NIW:

1. No Employer Required

Most employment-based green cards require a job offer and an employer to sponsor your application. With the NIW, you can apply independently. This is especially helpful for entrepreneurs, researchers, or professionals who may not have a full-time job offer.

2. No Labor Certification Process

In most employment-based cases, employers must undergo a labor certification process to show there are no qualified U.S. workers available. This process can be time-consuming. The NIW allows you to skip this step, which simplifies and often speeds up the application.

3. You Can Apply for Yourself

Since no employer is needed, you are allowed to self-petition. You can file your Form I-140 with the United States Citizenship and Immigration Services (USCIS). This provides more flexibility and control, especially if your work is independent or not tied to one company.

4. Potential for Faster Processing

Skipping the labor certification step may reduce the processing time for your green card. In addition, the USCIS now allows certain NIW petitions to use premium processing, which can result in a decision in about 45 days after paying the additional fee.

5. A Good Fit for People Helping the United States

The NIW is designed for people doing work that clearly benefits the country. This can include work in science, healthcare, technology, education, and more. If your work supports the national interest, the government may waive the usual requirements to make it easier for you to stay.

6. May Qualify for a Green Card While in the U.S.

If you are already in the United States on a valid visa and a green card is available in your category, you can apply for permanent residence by filing Form I-485 (Adjustment of Status) without leaving the country.

What Does Substantial Merit Mean for a National Interest Waiver?

If you are applying for an EB-2 National Interest Waiver (NIW), one of the first things the United States Citizenship and Immigration Services (USCIS) looks at is whether your proposed work or endeavor has substantial merit. In simple terms, this means your work must have real value. It should make a meaningful contribution to your field and offer a benefit to the United States.

This is part of the first requirement in the USCIS’s evaluation framework for NIW applications.

What Kinds of Work Qualify as Having Substantial Merit?

Substantial merit is not limited to one profession. The USCIS recognizes valuable contributions in a wide range of areas, including:

Business and entrepreneurship
Science and technology
Health and medicine
Education
Arts and culture

Your work does not have to be famous or widely recognized. What matters is that it has the potential to create a positive impact. This could involve advancing research, developing useful products or services, improving public health, or creating jobs.

How Do You Show the USCIS That Your Work Has Merit?

To prove that your work meets the standard of substantial merit, you need to submit strong evidence that explains what you do, why it matters, and how it benefits others. Your explanation should be supported by documentation that speaks to the value and potential of your work.

Supporting Evidence That Can Demonstrate Substantial Merit

1. Professional Recognition

This includes recognition from respected individuals or organizations in your field:

Membership in selective professional associations
Awards or honors from credible institutions

2. Publications and Citations

Published work and peer recognition can strengthen your case:

Articles you have authored in academic or industry journals
Evidence that your work has been cited or referenced by others

3. Letters of Support

Support from knowledgeable individuals adds credibility:

Recommendations from experts in your field
Endorsements from government officials, universities, or well-known organizations

4. Innovation and Intellectual Property

Proof of original contributions can help demonstrate merit:

Patents or provisional patents
Licenses or commercial use of your ideas or technologies

5. Impact or Investment

Showing that your work has already made a difference can be persuasive:

Grants, funding, or research awards
Contracts or partnerships based on your work
Proof that others have adopted or relied on your findings, products, or services

Conclusion

To meet the substantial merit standard, you must clearly show that your work has value in your field and offers benefits beyond your personal or professional interests. The evidence should come together to demonstrate that your endeavor is meaningful, practical, and capable of contributing to the national interest.

What Is Being Waived in the National Interest Waiver (NIW) Process?

When someone applies for a green card under the EB-2 National Interest Waiver (NIW) category, they are requesting the U.S. government to waive two key requirements that are normally part of the standard EB-2 process.

1. The Requirement for a Job Offer

In a typical EB-2 case, you must have a permanent job offer from a U.S. employer. That employer must also agree to sponsor your green card application.

With an NIW, this requirement is waived. You can apply for a green card without having a job offer. This is especially helpful for researchers, entrepreneurs, and professionals working independently or on projects that are not tied to one employer.

2. The Labor Certification Process

The second requirement that is waived is the labor certification, also known as PERM.

PERM (Program Electronic Review Management) is the system used by the U.S. Department of Labor to confirm that:

There are no qualified U.S. workers available for the position
Hiring a foreign worker will not negatively affect wages or working conditions for U.S. workers

To complete a PERM, the employer must request a prevailing wage, run job advertisements, and go through a formal recruitment process. It is highly technical, time-consuming, and must follow strict rules.

With an NIW, this entire step is waived. You do not need to prove a lack of available U.S. workers. Instead, you must show that your proposed work is in the national interest of the United States.

Do I Need a Master’s Degree to Qualify for the National Interest Waiver (NIW)?

No, a master’s degree is not strictly required to qualify for a National Interest Waiver (NIW).

However, to apply for an NIW, you must first meet the eligibility criteria for the EB-2 immigrant visa category, which has two separate paths:

Path 1: Advanced Degree

You qualify if you have:

A U.S. master’s degree or higher (or the foreign equivalent),
or
A U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive, post-baccalaureate experience in the field.

This combination is considered by the United States Citizenship and Immigration Services (USCIS) to be equivalent to a master’s degree.

So while a formal master’s degree is one option, the USCIS also accepts a bachelor’s degree plus five years of progressively responsible work experience in the same field as a valid alternative.

Path 2: Exceptional Ability

If you do not qualify under the advanced degree option, you may still be eligible if you can show exceptional ability in the sciences, arts, or business. This means a level of expertise that is significantly above what is normally found in your field.

To prove exceptional ability, USCIS requires evidence that meets at least three of the following criteria:

A degree, diploma, or certificate related to your field
Letters showing at least ten years of full-time experience
A license or certification to practice your profession
A record of earning a high salary or compensation compared to others in the field
Membership in professional associations
Recognition for achievements and contributions by peers, government entities, or organizations

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