I have a bachelor and a masters degree in architecture from the US. I am currently on OPT. I have not been able to assess on my own weather I fit into the EB2 with NIW requirements. I have recently written a book that will be featured overeas (the book is realted to my field). I have a patent, and some publications and good reviews. I have also won an international painting competition (in school). My problem is the following, i graduated in november 2001, and most of my work is recent (documentations, patent, etc). So my question is the following: can I try the EB2 with NIW?
Thank you for your time and concern.
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There are 3 criteria the INS considers when adjudicating National Interest Waivers (NIW):
(1) the applicant seeks employment in an area of substantial intrinsic merit;
(2) the benefit will be national in scope; and
(3) the national interest would be adversely affected if a labor certification were required.
Needless to say, obtaining a NIW is extremely difficult and requires that the applicant show that she has a distinguished background setting her apart from others in her field. For this sort of case particularly, it is important to consult with an attorney to fully assess your situation.
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