EB2 NIW Visas – Frequently Asked Questions

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Our Attorneys answer frequently asked questions about EB2 NIW visas

All types of professionals who have an advanced professional degree. This includes doctorate, master’s degrees, or alternatively a bachelor’s degree in 5 years of work experience accumulated after the degree. Already with this it can be applied to an EB2. It must be clear that the exception with national interest must demonstrate a merit of national importance.

The route of exceptional aptitude within the EB2 visa category. In which they need to classify within the 6 criteria of applicability. In case of not having a university degree 10 years of experience in the field to be affected could replace the academic one. To learn more about it, contact our team.

The I-140 is a part of the process, to migrate to the United States you need a legal basis that allows you to apply for residency. Once I-140 is approved, you may then qualify for a green card if you are within the United States. If on the contrary you are outside the United States then you would apply for an immigrant visa.

No, it is not necessary to have a postgraduate degree, simply the more advanced studies the applicant has, the easier the case may be.

A student pursuing a postgraduate degree could apply as long as they meet all the requirements. The degree or study must be related to the experience in the field to be impacted.

No, the process can be started from the applicant’s country of origin. Many of Loigica’s clients are outside the United States and are starting to organize their profile to apply.

It is possible to apply for an EB2 NIW adjustment of status if you are currently legal within the United States.

Yes, it can be done legally, however, it must be defined which of the two immigration visas will be applied in the last stay. You have to have strategic and financial considerations that together with the lawyer can be stratified for better results.

If you can, however, keep in mind that the NIW is an exemption from the need for labor certification.

If, as long as the other request has not been denied by some kind of previous fraud or illegal action it would not be an inconvenience.

It is a line of legal processes through forms in which Loigica will guide you. They will take you to an interview, do medical exams among other routine procedures.

They are important but not indispensable. When it is one of the criteria in which it is applied, it is important to enter to review those relevant publications or mentions.


The publications tell us that we must be well positioned. Having publications in the industry helps to demonstrate that the person has the knowledge and experience. They must be good publications.

They have to be important in the industry where you have the experience. It is important that it is not about having a large number of mentions published but good quality publications where the applicant is the author. They can also be considered publications that have been made about the applicant.

Living legally in the United States is an option. Click any of the above categories and learn more about the different visas available.