EB2-NIW  FILING ASSISTANCE

Understanding the EB2-NIW Pathway for U.S. Green Card

To qualify for an EB2-NIW (National Interest Waiver) petition, the applicant must meet specific statutory requirements. This employment-based immigrant visa category is intended for individuals who demonstrate either an advanced degree or exceptional ability in the sciences, arts, or business, and who seek a waiver of the standard job offer and labor certification requirements because their proposed work is in the national interest of the United States.

The burden of proof lies with the petitioner (the beneficiary in self-petitions), who must submit clear, credible, and well-documented evidence that:

• Their endeavor has substantial merit and national importance

• They are well-positioned to advance the endeavor

• Waiving the job offer and labor certification would benefit the United States

In the context of the EB2-NIW (Employment-Based Second Preference – National Interest Waiver) petition, qualification under the "Advanced Degree" pathway is governed by the Immigration and Nationality Act (INA) §203(b)(2)(A) and further detailed in 8 CFR §204.5(k)(2).

According to these provisions, to be eligible for the EB2 preference category, a petitioner must either:

• Hold an advanced degree (U.S. master’s degree or higher), or

• Hold a U.S. bachelor’s degree (or foreign equivalent) plus five years of progressive post-baccalaureate work experience in the field—commonly referred to as the "BS+5" rule.

What Is an “Advanced Degree”?

An advanced degree refers to any U.S. academic or professional degree above the level of a bachelor's. This includes:

• Master’s degrees (e.g., M.A., M.S., M.Ed., MBA)

• Doctoral degrees (e.g., Ph.D., M.D., Ed.D., D.Sc.)

A foreign degree can be accepted if it is deemed equivalent to a U.S. advanced degree by a recognized credential evaluation service. USCIS generally requires official academic transcripts, diplomas, or equivalency evaluations as supporting documentation.

Suppose the applicant does not have a master's degree but has a bachelor's degree + 5 years of progressive experience. In that case, USCIS will treat this as equivalent to a master's degree, provided the experience shows increasing complexity, responsibility, and skill application.

Using SOC Codes to Support Advanced Degree Claims

The Standard Occupational Classification (SOC) system classifies professions based on duties, not educational qualifications. This means that while SOC descriptions do not explicitly require a master's or Ph.D., they provide helpful context for:

• Describing the scope of work

• Establishing that the role is a "profession" under EB2 requirements

• Aligning your background with U.S. labor trends and national interest sectors

Using your SOC code correctly in your petition helps establish that:

• Your degree is relevant and necessary for your occupation

• Your experience meets the BS+5 equivalency rule (if applicable)

• Your field addresses a nationally important issue or workforce gap

Although 8 CFR and SOC classifications do not mandate a Ph.D. for any occupation, certain roles—especially in research, academia, and some health sciences—commonly involve doctoral-level training. These fields are highly competitive and generally require advanced qualifications.

Examples include:

According to USCIS and Department of Labor interpretations, a "profession" for EB2 purposes is generally defined as:

An occupation that requires a minimum of a U.S. bachelor’s degree (or foreign equivalent) as a standard entry-level qualification.

Therefore, applicants must demonstrate:

• A master’s or higher degree, OR

• A bachelor’s degree with five years of progressive work experience
  AND

• That their occupation is professional in nature, e.g., includes analytical, technical, or managerial duties, and is not merely administrative or clerical.

•  Serve the national interest of the United States   
• Benefit the public or government priorities   
• Provide contributions not easily available from U.S. workers   
• Be impractical to pursue through the traditional PERM labor certification process