Building your EB-2 NIW profile
EB-2 NIW is discretionary by nature but you can still strengthen your profile.
About me:
My name is Jason and I work with top immigration lawyers on educational resources related EB-1A, EB-2 NIW, and O-1. Most of the profile-building insights I share in this newsletter come from my work with these lawyers.
Updates to the Resources:
Added some civil engineering opportunities, AI, and software engineering to the profile-building opportunities database.
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I get questions from time to time about how to build a profile for EB-2 NIW.
Unlike EB-1A, NIW is by nature highly discretionary because the Dhanasar test provides a lot of leeway for officers to interpret terms like "national importance" and "well-positioned" however they like (these terms are not defined nor are there thresholds defined for them).
NIW is also highly dependent on your proposed endeavor and the field in which you work (as well as your past experiences). In that sense, you can't just mold your profile to fit a certain proposed endeavor that you think will work.
So what is profile-building if not picking the right proposed endeavor?
It's:
Picking a proposed endeavor that makes sense for your profile.
Doing activities to get involved in your field in general and that are also related to your proposed endeavor.
For example:
You work in semiconductors (a field that can be argued is a field of the national interest).
You work on a new technology within semiconductors that if made viable could continue to strengthen the U.S.'s position as a top global player.
Your proposed endeavor could be "advancing the adoption of [new technology] to help the U.S. continue to maintain its status as a top global powerhouse in the field of semiconductors."
You could then start working on activities that will not only help with your work but also help position you as a thought leader for this new technology.
For example, you could start speaking at conferences about the new technology, hosting workshops for top semiconductor professionals, etc.
Some things to keep in mind:
You do not need to finalize your exact proposed endeavor before starting to look into activities on which to work. Have a general proposed endeavor in mind and then refine it along the way (as you start doing activities).
Speak to a lawyer first to see if you even have a potentially viable NIW case based on your work experience and proposed endeavor.
Try to show how you can have an impact on your field through your proposed endeavor outside of your work with your employer. Also, do not just rely on your work with your employer to show that you will have an impact on a field of national interest (but through your work with your employer).
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