NIW: advance degree or exceptional ability?

[adude1]

hi,

I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.

Thanks.

 

[HelpingHand]

hi,

I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.

Thanks.

Is this for EB1 or EB2 ?. For EB2-NIW, satisfying in any one of the above is fine. Since you have MS/PhD, you can file under `member of the professions holding an advanced degree requesting a national interest waiver'. You don't need to file under `exceptional ability'. In your cover letter, make sure you write very clearly whether you would like to be considered in exceptional ability or advanced degree. You can write something like this: "This petition is on the basis that I am a member of the professions holding an advanced degree".

As you have noted, holding an advanced degree alone is not sufficient for a successful petition. You have to establish all the three (actually five, including `sub clauses') criteria required for NIW- which is quite difficult.

--HH