One attorney I sent my case to told me a master's degree is "required" for NIW. Is that true? I'm a PhD candidate (expected next year), and there's normally no master degree granted in my program (unless you drop out of PhD program). How come no other attorney told me that?
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do you have to have a master's degree to apply for NIW
- Thread starter weakunix
- Start date
eaglejoeli
Registered Users (C)
Your lawyer was partly right. Technically, if you can fulfill 3 of the 6 requirements for NIW, you can apply. However, as you see below, a degree is treated quite importantly and listed number 1. And for a scientist, a bachelors degree related to the field of exceptional ability can be accepted, but is not very convincing.
I've been in the same situation before. I was in a PhD program which did not grant a master's degree on the way unless I quit. My lawyer told me that he could probably get my case accepted, but the chance of getting approval would be much better if I wait until I receive PhD. So I filed for NIW after getting my PhD.
Here are the requirements for NIW which I have downloaded from the USCIS website:
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
I've been in the same situation before. I was in a PhD program which did not grant a master's degree on the way unless I quit. My lawyer told me that he could probably get my case accepted, but the chance of getting approval would be much better if I wait until I receive PhD. So I filed for NIW after getting my PhD.
Here are the requirements for NIW which I have downloaded from the USCIS website:
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.