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Houston Immigration Lawyers > Blog > EB-2 Visa > EB-2 NIW Visa: Common Applicant Mistakes

EB-2 NIW Visa: Common Applicant Mistakes


Many immigrants want to come to America to live a better life. There are many types of visas that they can use to become a temporary or permanent resident.

One of these is the second-preference employment-based (EB-2) visa. Typically, getting an EB-2 visa requires having a job offer from an employer who has obtained labor certification. This means that the company has tested the market and could not recruit enough qualified workers willing and available to do the job. Employers must prove a job is available and they have the ability to pay the offered wage.

 The EB-2 category allows individuals of exceptional ability who hold advanced degrees to get a green card without a job offer. However, the petitioner would have to prove that granting the EB-2 petition would be in the national interest of the United States.

This is not an easy process. Generally, you need to meet three of these criteria:

  • A degree from a college or university relating to your area of exceptional ability
  • Letters from employers documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your occupation
  • Evidence that you have commanded a salary that demonstrates your exceptional ability
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, and professional organizations
  • Membership in a professional association

Errors are common. Here are some common mistakes to avoid:

  • Lack of understanding of the requirements. Many applicants fail to fully understand the eligibility criteria for the EB-2 NIW visa. It’s essential to familiarize yourself with the specific requirements and how your work contributes to the national interest.
  • Insufficient evidence of national interest. One of the key elements of the EB-2 NIW visa application is demonstrating that your work is in the national interest of the United States. You will need to provide compelling evidence to support this claim, such as letters of recommendation, publications, or awards.
  • Poorly written personal statements. This is perhaps the most common issue we see at the firm when clients come to us to fix their denied cases. The personal statement allows you to explain how your work benefits the United States. This is a critical element of the application, but many applicants submit poorly written personal statements that fail to convey their qualifications.
  • Missing deadlines or submission requirements. It’s crucial to carefully review the application instructions. Make sure you include all required documents on time. Missing deadlines or failing to include necessary documentation can result in delays or even denials.
  • Not being consistent. Consistency is key throughout the EB-2 NIW visa application process. Your personal statement, letters of recommendation, and supporting documentation should all align and support your claim that your work is in the national interest of the United States.

 Contact Us Today 

Getting a visa of any type is not an easy task. The United States has strict immigration laws, and even if you think you are well-qualified to become a permanent resident, you still need to do your due diligence and make sure you follow the rules.

 BBA Immigration can assist you with your case. We can help you put your best foot forward and present a strong case that proves your eligibility for a national interest waiver by a preponderance of the evidence. Contact our Houston office today by calling (281) 503-1455 or filling out the online form.

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