NIW's EB-2 Requirements
I. NIW’S EB-2 REQUIREMENTS
To qualify for NIW, you must first qualify for Employment-Based Second Preference (EB-2) by satisfying one of two requirements: 1) you must be an advanced degree professional, or 2) have “exceptional ability.”
A. The Advanced Degree Professional Requirement
To be an advanced degree professional, you must have an advanced degree, or else have a Bachelor’s degree plus 5 years of experience.
1. Advanced degree
To be an advanced degree professional, you must hold an advanced degree (M.A., M.S., M.E., M.D. or Ph.D.) or its equivalent. A side requirement is that proposed employment must also requires at least a Bachelor’s degree, or else is a professional job, such as a lawyer, doctor, architect, engineer or teacher.
2. A Bachelor's degree plus 5 years of experience
A Bachelor's degree plus 5 years of experience in a professional or progressive occupation may also be considered as an advanced degree professional.
B. The Exceptional Ability Requirement.
To satisfy the exceptional ability requirement, you must demonstrate exceptional ability in the sciences, arts, or business, through at least 3 of the 6 following criteria:
(1) an official academic record showing that the alien has a degree, diploma, certificate, or similar award for a college, university, school, or other institution of learning relating to the area of exceptional ability;
(2) evidence in the form of letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation for which he or she is being sought;
(3) a license to practice the profession or certification for a particular profession or occupation;
(4) evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
(5) evidence of membership in professional associations; and
(6) evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations.
8 CFR § 204.5(k)(3)(ii).
As a final note, do not confuse the exceptional ability requirement with the much more difficult Alien of Extraordinary Ability requirement for EB-1.