{"id":4378,"date":"2026-09-24T13:34:18","date_gmt":"2026-09-24T10:34:18","guid":{"rendered":"https:\/\/shamayevlaw.com\/?p=4378"},"modified":"2026-09-24T14:40:33","modified_gmt":"2026-09-24T11:40:33","slug":"eb-2-niw-petition-it-specialists-scientists-entrepreneurs","status":"publish","type":"post","link":"https:\/\/shamayevlaw.com\/ru\/stati\/eb-2-niw-petition-it-specialists-scientists-entrepreneurs\/","title":{"rendered":"EB-2 NIW: how we structure petitions for tech professionals, researchers, and entrepreneurs"},"content":{"rendered":"

Two candidates can share a profession and have comparable experience, yet face very different prospects for an EB-2 NIW. U.S. Citizenship and Immigration Services (USCIS) looks at what the applicant will do in the future, why it matters to the United States, and whether the person can carry out the plan. Job title and industry demand carry less weight.<\/span><\/p>\n

An EB-2 NIW petition ties together the candidate’s qualifications, results, and plans.<\/span><\/p>\n

How an EB-2 NIW petition begins<\/b><\/h2>\n

First, the applicant shows eligibility for EB-2 through a degree (a master’s or higher, or a bachelor’s plus at least five years of progressive experience in the specialty) or through exceptional ability (a level of expertise well above what is typical).<\/span><\/p>\n

Then USCIS looks at the grounds for a National Interest Waiver (NIW), which waives the standard requirements in the national interest of the United States.<\/span><\/p>\n

An NIW lets you file a petition with no sponsoring employer and no PERM labor certification (the process that tests the U.S. labor market). Even with no employer, you still need a plan.<\/span><\/p>\n

The central element is the proposed endeavor: a specific description of what the person intends to do in the United States.<\/span><\/p>\n

Phrases like “I will work as a programmer,” “I will continue my research,” or “I will open a company” are too general. You need to explain what problem the candidate solves, what they will do, who will benefit from the result, and why the effect reaches beyond one organization.<\/span><\/p>\n

The evaluation rests on three conditions from <\/span>Matter of Dhanasar<\/span><\/i> (2016). The proposed endeavor has substantial merit and national importance, the applicant is well positioned to carry it out, and waiving the job offer and labor certification requirements benefits the United States. The applicant must meet all three, and USCIS makes the final decision at its discretion.<\/span><\/p>\n

First condition: merit and national importance<\/b><\/p>\n

Under the first condition, the proposed endeavor must have substantial merit and national importance.<\/span><\/p>\n

The importance of a whole industry does not prove this by itself. Artificial intelligence, cybersecurity, or medicine may be priority areas, but USCIS reviews the specific applicant’s work. The statement “I work in artificial intelligence, and it matters to the United States” falls short.<\/span><\/p>\n

We tie the project to a real problem and support it with official U.S. programs, research, and statistics. Then we show the scale: the technology’s use across different companies, the research’s influence on the professional field, or the chance to grow a business beyond one city.<\/span><\/p>\n

What this can look like for different profiles:<\/span><\/p>\n