If you are an individual with either an advanced degree or exceptional ability in your occupation, whose work would contribute to the United States on a national level, and you are seeking an employment-based visa in the U.S., the National Interest Waiver may be a great option for you. When providing supporting evidence that your proposed endeavor has substantial merit, you’ll want to include an EB-2 NIW expert opinion letter to strengthen your NIW petition.
An Expert Opinion Letter is written by an expert, recognized for their authority, from the EB-2 NIW applicant’s field. An excellent letter addresses not only the applicant's education and occupational qualifications, but also their contributions to his or her field, and how they benefit the United States as a whole. In essence, the letter serves as an official review and evaluation of the applicant’s professional work experience.
In this article, we iterate the basic requirements for an EB-2 NIW and the requirements of an Expert Opinion Letter for its two subcategories — exceptional ability and advanced degree.
EB-2 NIW Basic Requirements
Foreign nationals applying for an NIW will be required to provide evidence either of an advanced degree or exceptional ability in their field, whether it be in entrepreneurship, science, technology, engineering, or math (STEM). Furthermore, they’ll need to satisfy all of the following three benchmarks used by officers of the United States Citizenship and Immigration Services (USCIS). They are as follows:
- The proposed endeavor has substantial merit and is of national importance
- The applicant is well-positioned to advance their proposed endeavor
- It benefits the U.S. to waive the requirement of a job offer and permanent labor certification
Applicants are also required to submit a letter of experience, written by a fellow expert in the same profession. The letter must take into account the two eligible subcategories, providing considerable detail about either one. Both are expanded upon below.
EB-2 NIW Advanced Degree
An advanced degree is a postgraduate degree, and is higher than a baccalaureate. It is any of the following:
- A U.S. Master's
- A U.S. Doctorate (academic or professional)
- A foreign equivalent of a U.S. Master's
- A foreign equivalent of a U.S. Doctorate
- A U.S. Bachelor’s, plus five years of progressive, post-degree work experience
- A foreign equivalent of a U.S. Bachelor’s, plus five years of progressive, post-degree work experience
Advanced Degree Expert Opinion Letters
Individuals with an advanced degree requesting an Expert Opinion Letter should include academic and professional records, such as:
- Detailed resume
- Specific past and present job(s)
- Employers’ names
- Employment dates
- Responsibilities within the positions
- Reference letters from past and present employers
- Detailing employment information as shown in resume
- Academic records
- Diplomas
- Transcripts
- Postgraduate degrees
- Reference letters from additional colleagues within the same industry
- Copies of industry-related documents authored by the applicant
- Publications
- Conference presentations
- Memberships of an association(s) within the related industry
- Honors and/or awards
Expert Opinion Letters about individuals with an advanced degree are generally written by a university professor, containing the specifics of the foreign national’s academic credentials. Oftentimes, this is coupled with his or her relevant work experience as well.
As mentioned above, if the applicant’s highest level of formal education is a U.S. Bachelor’s (or its foreign equivalent) their education can be combined with five or more years of progressive work experience. It is imperative that the expert writing the letter addresses how the post-degree work has substantial merit, and is of national importance to the U.S.
In either case, the authority figure writing the letter must remain cognizant that the letter is fundamental to the EB-2 NIW applicant’s petition for waiving the requirement of a job offer and permanent labor certification. Meaning the application process would be expedited in comparison to other employment-based visas. Therefore, allowing the applicant to begin working in their field so as to benefit the U.S.
EB-2 NIW Exceptional Ability
Exceptional ability pertains to the level of expertise, which is significantly higher than what is normally encountered in the sciences, arts or business.
NIW applicants are required to satisfy at least three of the following criteria:
- Official academic records, as they related to the area of Exceptional Ability, such as a degree, diploma, certificate, or similar, from a school, college, university, or other higher education institution
- Letters which document 10 or more years of full-time experience in the field
- A certification or license to practice within the profession
- Evidence of a high salary for services rendered
- Evidence of membership in a related professional association(s)
- Recognition for achievements, as well as significant contributions to the field, by the applicant’s peer(s), a business organizations or a governmental entity
- Other documentary evidence provided may be acceptable, so long as it is comparable
Exceptional Ability Expert Opinion Letters
Individuals with exceptional ability requesting an Expert Opinion Letter should include academic, professional and relevant business records, such as:
- Detailed resume
- Specific past and present job(s)
- Employers’ names
- Employment dates
- Responsibilities within the positions
- Reference letters from past and present employers
- Detailing employment information as shown in resume
- Letter(s) of support
- Business plan
- Personal statement detailing the proposed endeavor
- Academic records
- Diplomas
- Transcripts
- Postgraduate degrees
- Reference letters from additional colleagues within the same industry
- Media coverage(s)
- Samples or examples of work product(s)
- Copies of industry-related documents authored by the applicant
- Publications
- Conference presentations
- Memberships of an association(s) within the related industry
- Honors and/or awards
Authority figures writing an Expert Opinion Letter for an exceptional ability applicant should assess his or her qualifications, and accomplishments, and confirm how their talent strengthens the U.S.’s national economy as well as its competitiveness.
In the letter, the expert must substantiate the reasons the applicant is well-positioned to advance their proposed endeavor and how their expertise is significantly higher than what is ordinarily encountered in their field. Considering the fact that this is a letter supporting the EB-2 applicant’s petition for a National Interest Waiver, validating their exceptional ability.
It is crucial the EB-2 NIW applicant selects colleagues or professionals, recognized as authority figures, who can give a compelling and impartial assessment of their work experience and who can confirm their fulfillment of the evidentiary criteria required by the USCIS for this visa category.
Frequently Asked Questions (FAQs) About What Is an EB-2 NIW Expert Opinion Letter
What is an EB-2 NIW Expert Opinion Letter?
It is a letter of support containing an assessment of the petitioner’s work accomplishments. It serves as confirmation of their claims of exceptional abilities; with a validation that their proposed endeavor has substantial merit and is of national importance, that they are well-positioned to advance their proposed endeavor, and that it benefits the U.S. to waive the job offer requirement. It is supplemental documentary evidence to their NIW petition.
Do I need to have an Expert Opinion Letter for my EB-2 NIW application?
Yes, they are a crucial part of National Interest Waiver petitions because they highlight the applicant's exceptional ability (or their advanced degree and work experience), as it relates to the benefit of the United States.
Who writes EB-2 NIW Expert Opinion Letters?
Expert Opinion Letters are written by EB-2 NIW petitioner’s colleagues or industry experts. They are individuals who give their expert opinions about the petitioner and their work, as it relates to their National Interest Waiver petition.
Conclusion of What Is an EB-2 NIW Expert Opinion Letter
An Expert Opinion Letter is a letter of support, and is a supplemental document of evidence included in EB-2 NIW petitions. You’ll want to ensure it is written by colleagues or experts in your same professional field, and that they can serve as impartial analysts, assessors and vouchers of your NIW accomplishments. This is important because letters offering support otherwise would be insufficient in the adjudication process.
This support letter contains succinct details of your educational and occupational experience, but more importantly, how it fulfills the Matter of Dhanasar three-pronged test used by the USCIS to determine eligibility for an EB-2 National Interest Waiver:
- Your proposed endeavor has substantial merit and is of national importance
- You are well-positioned to advance your proposed endeavor
- It benefits the U.S. to waive the requirements of a job offer and permanent labor certification
The most compelling letter must be written by an expert who can substantiate your exceptional abilities in the arts, business and STEM fields. Written especially persuasive, it confirms that you are in a position significantly higher than what is ordinarily found within your industry, and that your contributions improve the nation's economy and its competitive capacity.
Furthermore, the letter should address any perceived difficulties the adjudicating officer may have. This could be with a component of your educational background, work experience or with your claims of fulfilling all three of the evidentiary criteria required for an NIW.
