EB2-NIW - Evidence of membership in professional associations

I

ianmacg

New Member
Hi all,

I've read through the stickies and some other threads on this forum, and am hoping for some advice as to which it's worth my applying for an EB2-NIW.

Can anyone suggest what might be appropriate in order to meet the point "Evidence of membership in professional associations" for the NIW. Or any examples of cases where someone has successfully met this point. My work is as a researcher in Computer Science, in case anyone has any specific experience there.

Any help much appreciated.
 
The law defines "exceptional ability" as "a degree of expertise significantly above that ordinarily encountered." The USCIS has enumerated six factors that denote exceptional ability. If an applicant meets three of these, he or she will qualify for the classification of “Alien of Exceptional Ability”. The individual must be able to provide to the USCIS at least 3 of the 6 items, which includes "Evidence of membership in professional associations", so you do not need to have memberships to apply for NIW, if you do not have some memberships. See http://www.greencardapply.com/niw/niw_excepabi.htm
 
EB-2 whether as a professional or an alien of "exceptional ability" (EB-2 EA) is only an initial threshold determination. The request for a National Interest Waiver is a second and higher hurdle.

Whether as a professional or EA, you have to also show a prospective benefit to the U.S.

Once the first stage is accomplished, THEN to qualify for the NIW, you need to show more.

The extra parts are that you will work in a field with "Intrinsic Merit" and your contributions to the National Interest (something that must already be established in the first stage) will be "National In Scope".

NIW requires a showing of evidence somewhere between EB-2 EA and EB-1 EA [Extraordinary Ability] but it is qualitatively different in nature.


You CANNOT base a NIW request on the factors used in the normal labor cert process. An employer sets the qualifications for their job opening in the first place AND a labor shortage is the main factor addressed in a labor cert.
 
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