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EB2-NIW  FILING ASSISTANCE

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EB2-NIW -Advanced Degree Who is eligible

EB2-NIW Advanced Degree Eligibility

To meet the basic legal requirements for an EB-2(A) visa, the foreign national must have earned an advanced academic degree, such as a Master's, Ph.D., Juris Doctor (J.D. or law degree), or an M.D. (medicine).

However, the above advanced degree is not re…

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Employment Letter

THIS IS A REGULATORY PRESCRIBED EVIDENCE.

A petitioner must prove that at the minimum, he/she has a qualifying 5 years of full-time experience in the occupation or field of endeavor.

In Administrative Appeals Office (AAO) decision Oct 18, 2022: (In Re: 22587070)  "The Acting Director considered …

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"No Possibility of Approval in EB2-NIW Application

When the documentation initially submitted with the EB2-NIW application (I-140) was not sufficient to establish eligibility for the benefit sought, in most cases USCIS adjudicators were to issue RFEs and NOIDs requesting the missing documentation. The only cases exempt were those in which there was …

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EB2-NIW -Advanced Degree Who is eligible

EB2-NIW Advanced Degree Eligibility

To meet the basic legal requirements for an EB-2(A) visa, the foreign national must have earned an advanced academic degree, such as a Master's, Ph.D., Juris Doctor (J.D. or law degree), or an M.D. (medicine).

However, the above advanced degree is not restrictive to those who only have a baccalaureate degree. In fact. a foreign national does not need a degree beyond a baccalaureate. USCIS definition of "advanced degree" includes a B.A. or B.S. "followed by at least five years of progressive experience in the specialty," which it considers to be the equivalent to a master's degree.

The "progressive" aspect of the experience means there should be a significant advancement in the level of responsibility, renumeration and development of skills of higher competency and the knowledge gained in that position must have increased over the course of the five years and should start from the time the AFTER you obtained the B.A., or B.S. degree. In addition. if your specialty customarily requires a Doctoral Degree, you should possess such a degree. Example: pharmacist, dentist.

Most importantly, you must meet any other requirements specified on the labor certification as applicable as of the priority date or before you file your I-140 petition.

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