EB-2 NIW: what the applicant must establish

What NIW examines

The current framework considers the substantial merit and national importance of the proposed endeavour, whether the applicant is well positioned to advance it and whether waiving the job offer and labour certification requirements would benefit the United States.

Where the rationale breaks down

The broad importance of a sector does not establish the national importance of the applicant's own work. A phrase such as ‘develop artificial intelligence’ names a field but does not explain the task, outcome, resources or intended beneficiaries.

• No specific plan of work
• Past results are disconnected from the proposed work
• No partners, resources or initial action
• The value of a sector substitutes for the importance of the specific project

Comparison with EB-1A

We compare the available evidence with the task set by each category. Sustained past recognition may work more strongly for EB-1A, while a specific project already being advanced and capable of wider benefit may fit NIW more closely.