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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Does advanced degree NIW require a permanent job offer?

Question:

Your site states the following, regarding EB2-NIW “while this category appears easier, most applicants choose to use the second sub-category, because this combination (advanced degree plus NIW) may require a permanent job offer.

The USCIS site,states that EB2-NIW does not require a job offer. Could you kindly provide some insight, on your statement.

Thanks.

Answer:

No permanent job offer is required for EB2-NIW exceptional ability category. However, if you plan to apply in EB2-NIW advanced degree professional category then USCIS “may” ask for proof of permanent job offer.

Please note that both these approaches do not need employer sponsorship, which is different from needing a job offer. If you look at the USCIS page, it states that employer sponsorship is not needed for NIW. If you look at PM-602-0005.1 from USCIS it says job offer is not needed in exceptional ability EB2 NIW (foot note on page 3).


We say USCIS “may” require a job offer (not employer sponsorship) to grant national interest waiver EB2 advanced degree cases because it is not explicitly stated anywhere that this case does not need a job offer.

We had seen some approvals of petitions which were asking for national interest waiver in EB2 advanced degree professional. But these presented evidence that was good for exceptional ability EB2. In general our suggestion is try to satisfy exceptional ability in EB2 for NIW approval.

Best wishes

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
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