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How to Meet "Advanced Degree" Requirement for National Interest Waiver Petition?

Hi William:

I have a
baccalaureate degree in engineering from my home country, and also have more than 5 years work experience in my field. Can I apply for Green Card in the EB2 National Interest Waiver category? and how could I prove that I can meet the "advanced degree" requirements for National Interest Waiver petition requirement?

Answer:

For EB2 National Interest Waiver (EB2 NIW) petition, the petitioner must establish that he or she have an advanced degree as of the priority date. The petitioner should  submit advanced degree certificate with certified translation of English language, and/or submit a detailed advisory evaluation of the beneficiary's foreign credentials. The evidence for advanced degree may consist of the following documentation:

• A copy of the beneficiary's official academic record, showing that the beneficiary has a U.S. advanced degree or a foreign equivalent degree, the dates of attendance, area of concentration of study, and the date the beneficiary received the degree; or

• A copy of the beneficiary's official academic record showing that the beneficiary has a U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer showing that the beneficiary has at least five years of progressive post-baccalaureate experience in the specialty.

The employer can issue the letter of experience on official letterhead and must list the employer's name and address, the date, the signer's name and title, and a description of the beneficiary's experience, including dates of employment and specific duties.


If the beneficiary completed his education outside the United States, in addition to the beneficiary's official academic record, the petitioner should submit a detailed advisory evaluation of the beneficiary's credentials. This evaluation is necessary to determine the level and major field of the beneficiary's education in terms of equivalent education in the United States.

An acceptable evaluation should consider formal education only, and not practical training or experience; state whether the beneficiary completed the United States equivalent of high school before entering college; provide a detailed explanation of the evaluated material, rather than a simple conclusive statement; and briefly state the evaluator's qualifications and experience.









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