The National Interest Waiver (NIW) is a subset of the EB-2 visa category that allows applicants to self-petition for a green card with the United States Citizenship and Immigration Services (USCIS). However, the eligibility criteria for NIW applicants are particularly stricter.
How many letters of recommendation do you need for EB2 NIW? Read on to find out.
Qualifying for an EB-2 NIW Visa – Primary Requirements
It is not possible to qualify for an NIW without meeting the basic eligibility requirements for an EB-2 visa. While NIW applicants may waive the job offer and labor certification requirements, it does not exempt them from the primary EB-2 requirements.
There are subcategories for EB-2 applicants. The first encompasses members of professions that require an advanced degree or its equivalent, while the second applies to individuals of exceptional ability.
For applicants seeking to self-petition with USCIS based on an advanced degree or its foreign equivalent, USCIS requires robust documentation as evidence of eligibility:
- “An official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or
- An official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree, and
- Letters from current or former employers showing that you have at least five years of progressive post-baccalaureate work experience in the specialty”
Applicants self-petitioning with USCIS based on exceptional ability must provide evidence of “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
In such cases, exceptional ability-based applications must meet at least three of the following USCIS criteria:
- “Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations”
The federal agency may also accept other comparable evidence of eligibility.
How Many Letters of Recommendation Do You Need to EB-2 NIW? – The Verdict
USCIS has a three-pronged approach to determine whether an NIW applicant’s endeavor is eligible for approval, which are:
- The proposed endeavor must have substantial merit and national importance
- The applicant must be well-positioned to advance the proposed endeavor, and
- The proposed endeavor must benefit the United States in a way that permits to waive the job offers and labor certification requirements
One of the top priorities of EB-2 NIW applicants is to obtain as many letters of recommendation as possible. Typically, successful applicants may obtain at least six letters of recommendation to guarantee a positive outcome.
Ultimately, each case is different. The best strategy is to consult with an expert immigration attorney to assess your case and identify the best route based on your personal circumstances.
Waste no Time with Uncertainty – Immediately Seek Expert Legal Guidance
A well-versed legal advisor in US immigration law, Attorney Romy B. Jurado willingly wants to help you succeed. Contact us by calling (305) 921-0976 or emailing [email protected] to find the best immigration strategy for your case.
