questions on requirements for EB2-NIW

xihongshi

Registered Users (C)
I asked this question before, but didn't any answer. Please bear with me. Since NIW belongs to EB2, do I need to explicitly demonstrate that I satisfy the requirements for the general EB2 category, which are the following?

(ii) To show that the alien is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following:
(A) An official academic record showing that 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;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

I ask this question because I can only satisfy A and F. Would my petition be rejected because they find no enough evidences to fulfill at least 3 of them, even though I satisfy the 3 prongs in the matter of NYSDOT?

Thanks for your reply! Hope I made my question clear.

X.
 
lex2004 said:
(E) Memberships in professional associations should not be too hard to satisfy.

But I heard those pay-to-become-a-member ones don't count. How did you get membeships?
 
xihongshi,
Don't be confused.
The list below are mainly for people who do not have an advanced degree but want to be classified as EB2. If you have an advanced degree, you already met the requirement for EB2.
However you have to meet NIW criteria (NYDOT etc...), which is not directly related with the list below.
xihongshi said:
I asked this question before, but didn't any answer. Please bear with me. Since NIW belongs to EB2, do I need to explicitly demonstrate that I satisfy the requirements for the general EB2 category, which are the following?

(ii) To show that the alien is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following:
(A) An official academic record showing that 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;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

I ask this question because I can only satisfy A and F. Would my petition be rejected because they find no enough evidences to fulfill at least 3 of them, even though I satisfy the 3 prongs in the matter of NYSDOT?

Thanks for your reply! Hope I made my question clear.

X.
 
leviathan said:
xihongshi,
Don't be confused.
The list below are mainly for people who do not have an advanced degree but want to be classified as EB2. If you have an advanced degree, you already met the requirement for EB2.
However you have to meet NIW criteria (NYDOT etc...), which is not directly related with the list below.

Got it! Thanks. I checked USCIS website again. It turned out EB2 contains two categories of people:

1. Aliens who are members of the professions holding advanced degrees; OR
2. aliens of exceptional ability

I should've read this more carefully. But the discussion does help me. :) Thanks again!
 
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