Frequently Asked Questions About EB-2 NIW

Short answers to the EB-2 NIW issue online can confuse the different stages of the application. Professional eligibility, NIW exemption and Green Card stage are discussed separately in the explanations below. The outcome of a case does not depend solely on the positive answer to one of these questions. ¹²³

Is a master's degree or doctorate mandatory?

It is not mandatory for every applicant to have a master's or doctoral degree. A relevant bachelor's degree and at least five years of progressive experience thereafter may be considered for advanced degree equivalency. There is also a separate extraordinary ability path. However, which basis will be used depends on the nature of the education and experience documents and their relationship with the proposed study. ¹

How many publications or citations are required?

There is no publication or citation number in the legislation for NIW that applies to everyone. Publications and independent citations can be meaningful in an academic dossier; In an industrial file, application results, licensing, project outputs or use by other organizations may be more descriptive. Just as a high number alone does not bring approval, the absence of publications does not exclude applications in every file. ¹²

Is it necessary to offer a job or establish a company in the USA?

NIW may provide an exemption from the job offer requirement in the appropriate file. Establishing a company is not a general obligation for all applications. The business structure and resources of a venture-based plan can make sense; But simply forming an LLC, opening a bank account, or creating a website does not meet the national importance requirement. Establishment documents are evaluated together with the reality of the work to be done and the capacity to progress. ¹²

Can I apply while living in Turkey?

Yes, the applicant's presence in the United States is not a general prerequisite for the NIW I-140 petition. However, applying from abroad does not mean that you can start working in the USA immediately. The immigrant visa and entry phase is completed separately; How the activity in the USA will be carried out should also be clearly explained in the case. ¹²⁴

Can work done in just one city be of national importance?

National importance is not measured merely by geographical extent. A study that begins locally may produce results that can be applied to a broader problem. In contrast, the ordinary service delivery of a local business is not considered to be of national importance without additional explanation. The scale of the study, its economic or social impact, its exemplary nature, and the evidence for these claims are considered together. ²

Can I apply if my product or application is not completed yet?

A completed product is not required in every NIW file. For a study in development, the plan, previous progress, the individual's skills, resources, and interest from relevant organizations may be evaluated. However, the grounds available at the application date must be strong. A completely different project created later will not automatically correct the lack of eligibility in the initial application. ²⁵

Are reference letters alone sufficient?

Letters can help understand concrete success and planning; However, simply supporting undocumented claims with praise is not a sufficient method. The author's personal source of information, the study he evaluated and the justification for his conclusion are important. Documentation such as a standalone usage record, contract, project report, or measurable result should be linked to the description in the letter. ²

Is premium processing a final approval period?

No. The period foreseen within the scope of premium processing for NIW is 45 business days and this period is for the relevant USCIS process. Apart from approval, a request for additional evidence, a notice of intent to reject, or another action may be taken. Premium processing does not bind the consular appointment, I-485 review, or visa quota to the same period of time. ⁶⁴

Can I work or leave my current status once I receive I-140 approval?

One cannot start work or assume that current status is no longer relevant based on I-140 approval alone. The authorization to work must arise from another valid status, an approved work permit or a separate applicable legal basis. NIW and the short-term status plan should be considered separately, especially as the status expiration date approaches. ⁷³

Can my spouse and children apply with me?

Eligible spouses and children may benefit from derivative immigration. However, family members require their own forms, eligibility checks and, if applicable, age protection assessment. Entering family information into the I-140 file does not mean that the Green Card phase is completed for each family member. If the child is close to 21 years old, timing is also important. ¹³⁴

Does receiving an RFE mean that the case will be rejected?

An RFE indicates that USCIS has requested additional clarification or documentation on certain matters; It is not automatic rejection. Which legal element is deemed missing should be carefully distinguished. The full response must be submitted within the notice period, maintaining the distinction between describing an existing claim and describing a new activity. Nor should it be assumed that USCIS is obligated to issue an RFE for every deficiency. ⁵

If the application is rejected, can I re-apply?

The rejection decision may be evaluated in terms of re-application, objection or re-examination options, depending on its justification. The duration, competent authority and necessary bases of these roads are not the same. It may make sense to include stronger documentation in the new application; however, previous conflicts, immigration history, and grounds for rejection should not be ignored. The procedural information in the decision should be checked specifically for the case. ⁵