Who Is Not A Good Candidate For An EB-2 NIW Visa?
Many immigrants are good candidates for an EB-2 NIW visa. But, other immigrants are not. By going over who is not a good candidate for the EB-2 NIW visa, and speaking with a lawyer, it will be easier for you to get one.
What Is The EB-2 NIW Visa?
The EB-2 visa is a visa for those with one of the following:
- An advanced degree in a particular field.
- An exceptional ability in the sciences, arts, or business.
Someone with an advanced degree in a particular field, or an exceptional ability, can obtain an EB-2 visa. But, only if they can demonstrate their advanced degree/exceptional ability, in a manner that satisfies this visa’s requirements.
To obtain an EB-2 visa, an immigrant needs a job offer and, in turn, a labor certification. This can make it more difficult for those with an advanced degree/exceptional ability to work on their own projects.
The EB-2 NIW is a solution to that problem. And, with an NIW – the term is short for “National Interest Waiver,” – an immigrant with an advanced degree/exceptional ability can live, and work, in the United States without a regular job or the labor certification that a regular job requires.
How Can You Get An EB-2 NIW Visa?
To get an EB-2 NIW visa, an immigrant must prove that they have an advanced degree or exceptional ability.
Just as you might assume, though, that is not all an immigrant must prove; an immigrant must also prove three things, which are as follows:
- The endeavor they are proposing has substantial merit and is of national importance.
- They are well positioned to advance the endeavor that they have proposed.
- It would be beneficial for the United States to waive the job offer requirement and, in turn, the labor certification requirement.
If an immigrant can prove the above, then they should be able to get an EB-2 NIW visa. But, due to the difficulties that often arise when attempting to prove the above, it is always good to work with a lawyer when doing so.
Who Is Not A Good Candidate For An EB-2 NIW Visa?
Many, many immigrants are good candidates for the EB-2 NIW visa. But, there are many immigrants that, due to their circumstances and current achievements, would be better served with an EB-2 visa or another, related, visa.
Some of the immigrants that may not be a good candidate for the EB-2 NIW visa are as follows:
- An immigrant who does not have an advanced degree, of any sort, in any particular field.
- An immigrant who does not have an exceptional ability.
- An immigrant who does have an exceptional ability, but not in the arts, sciences, or business.
- An immigrant who cannot prove that they have an advanced degree.
- An immigrant who cannot prove that they have an exceptional ability.
- An immigrant who does not have a proposal that will benefit the United States.
- An immigrant who does have a good proposal, but is unable to bring it to fruition.
If an immigrant does not fall into the classifications outlined above, then they may be able to obtain an EB-2 NIW visa.
Speak With A Houston EB-2 Visa Lawyer Today
If you would like to obtain an EB-2 NIW visa, you are going to need help. Speak with a Houston EB-2 NIW visa at BBA Immigration lawyer today and we will help you obtain the visa you want.
Sources:
uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
uscis.gov/policy-manual/volume-6-part-f-chapter-5
