The EB-2 NIW is a visa category that can enable self-sponsored professionals to qualify for green cards. In this endeavor, a petitioner must demonstrate that they meet the requirements for both:
-
Exceptional ability OR advanced degree
-
National Interest Waiver (NIW) requirements
The seeming simplicity of this makes it appealing. However, the process is more challenging than it may seem.
Many types of professionals can, with the right experience, qualify for the criteria for Advanced Degree or Exceptional Ability. The hard part of the EB-2 NIW category, and part of why we require all clients to have an attorney or legal case manager as a condition of client acceptance, is demonstrating that an endeavor meets NIW requirements via the Prongs of Dhanasar (2016).
Immigration attorneys complete the complex legal work related to EB-2 NIW petitions. ProfVal supports the work of immigration attorneys by providing crucial EB-2 NIW support documents needed for an initial EB-2 NIW petition, an EB-2 NIW RFE, or an EB-2 NIW denial.
Our services include a Professional or Immigration Business Plan development, assistance with support letters, and - of course - EB-2 NIW Expert Opinion Letters (EOL). Each of these documents can provide key evidence to strengthen your petition.
What is an EB-2 NIW Expert Opinion Letter?
An EB-2 NIW Expert Opinion Letter from ProfVal is a detailed and highly customized document authored by a distinguished expert who provides an assessment of a petitioner's credentials and merits of their endeavor as guided by the three-prong test promulgated by the Matter of Dhanasar (2016).
While the format of letters vary based on client needs, content within an RFE or denial, the sections are generally the following:
-
An overview of the letter
-
The expert's background and why she/he is qualified to write the letter for the specific petitioner.
-
A description of the endeavor, based on an in-depth description of the industry using our customized approach, why it has substantial merit, national importance, and some discussion of why the petitioner will make a difference. If a NAICS code is provided, we use proprietary data.
-
The petitioner's credentials and why they qualify the petitioner to advance the endeavor. Documents that we refer to commonly include things like:
- Your resume (resume services available through a third-party)
- Professional plan
- Support letters
- Transcripts certifications (and their U.S. equivalence)
- Tax documents to show high salary
- Documentation of membership, licensure, or other certifications -
An integrative analysis that describes the substantial merit and national importance of your endeavor
Highlights of our EB-2 NIW Services
FIVE reasons why our services are the best available
-
Some law firms work with us exclusively. Others work with multiple providers, but choose ProfVal when they or their family members are petitioning for a visa. Here are four reasons why we are better than the alternatives:
-
Each service is customized and focused on each petitioner's distinct endeavor and contributions. Some providers use boilerplate templates with minimal differentiation between petitioners.
-
We offer a holistic approach that enables us and experts to understand the broad implications of each endeavor.
-
Founded by a former tenured professor and associate dean, ProfVal incorporates PhD-level research into our services. It typically takes us over 6 months of research and testing before we introduce a new product publicly.
-
As a purpose-based company, the goal of ProfVal is to promote equality of opportunity. In our first year, we donated more than we made. Through our services, free content (our blog, our sister site), and support of nonprofits, our goal is to promote equality.
We've reviewed thousands of EB-1 and EB-2 NIW RFEs and developed various EB-2 NIW Expert Opinion Letter formats.
Standard EB-2 NIW EOL
-
In a standard EOL approach, we focus a petitioner's credentials and all of the prongs of Dhanasar (2016).
NIW-Centric EB-2 EOL
-
Within EB-2 NIW RFEs, it is common for the USCIS to accept a petitioner's credentials, but to question why it is in the National Interest of the United States to waive the requirements of a job offer. Thus, a NIW-centric EOL places minimal emphasis on credentials and instead places a very heavy emphasis on:
-
substantial merit
-
national importance, that the petitioner is well-positioned to succeed
-
Explaining why it benefits the United States to waive the requirements of a job offer.
-
-
These can be offered by an expert in the petitioner's discipline or by an expert capable of discussing other elements of the national impact of the endeavor.
Dig deeper: What is an EB-2 NIW visa and how does ProfVal add value?
We got an approval that you guys did the EOL. Without an RFE, straight approval!!!!"
His Expert Opinion Letter demonstrated how his academic degrees from Brazil, decades of progressive experience, recognition from peers, certifications in accounting and finance, and impressive prior successes would lead to job growth, tax revenues, improved skills for U.S. workers, and strategic financial development.
*Past results do not guarantee future outcomes
Success: Denis, Chief Financial Officer
The EB-2 visa is particularly appealing, as it is a permanent work visa based on either an advanced degree or "exceptional ability" that can either be sponsored by an employer or via self-petition.
Almost universally, ProfVal's clients are self-petitioners, which means that they are seeking to have the labor certification waived because of the importance of the petitioner's endeavor and because "it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification” (USCIS), thus leading the the National Interest (NIW) requirement.
The United States can benefit from the contributions of professionals in a wide range of areas. Our team has worked with experts in a wide range of areas. Some interesting examples have included:
-
Doctors and nurses who saved lives during COVID
-
Pilots who enable the success of airlines and supply chain companies
-
Entrepreneurs who have started new businesses
We have worked with pilots, doctors, dentists, nurses, entrepreneurs, engineers, business professionals (accounting, economics, entrepreneurship, management, marketing, etc.), statisticians, authors, artists, actors and movie producers, musicians, research scientists, academics and teachers, and clients in a variety of different areas.
The common theme that weaves through all of our clients is that each person has an engaging story about how they succeeded in their industry or industries. They are, as the EB-2 NIW visa requires, highly educated individuals ("Advanced Degree") and/or truly exceptional ("Exceptional Ability"). We help to tell their professional stories in language that we believe is truthful, accessible, and relatable to USCIS agents.
To assess the requirements of exceptional ability and NIW, USCIS agents refer to the precedent established by the Matter of Dhanasar (AAO 2016). Following Dhanasar, ProfVal's EB-2 NIW professional plans, business plans, and EB-2 NIW Expert Opinion Letters are designed to achieve the following goals, though differently depending the service:
-
Demonstrate that an endeavor has both substantial merit and national importance
-
Establish that the petitioner is well-positioned to succeed based their exceptional ability
-
Illustrate that it would, on balance, benefit for the United States to waive the requirements of a job offer and thus of a labor certification
Because these documents can influence whether a petition is approved or denied, ProfVal's team and the distinguished experts we collaborate with craft highly customized documents that focus on the credentials of each client, along with the substantial merit and national importance contributions that they make on behalf of the United States.
Each professional plan and/or Expert Opinion Letter is built upon ProfVal's solid Ph.D.-level research foundation.
Given the importance of these documents, you deserve a customized Professional Plan and an Expert Opinion Letter that is based on ProfVal's approach.
*Remember, no one at ProfVal is an attorney. Because we cannot provide legal advice, we would be happy to refer you to an attorney we trust for free.
RELATED SERVICES
An EB-2 NIW Professional Plan is a first-person narrative that provides a detailed description of the endeavor and why it is of national importance (see a guide produced by ProfVal). For a self-petitioner, the Professional Plan represents their opportunity to explain their background as it relates to the EB-2 NIW. You may choose to use the guide we have provided or, for a fee, work with the experienced team at ProfVal to develop your Professional Plan. Our work is based upon successful petitions supported by our team.
An EB-2 NIW Business Plan from ProfVal describes your business proposal using a proprietary approach aligned to EB-2 NIW requirements. Sections typically include: executive summary, company description, company ownership, description of the product or services, a proprietary market analysis, an analysis of the market segments addressed, NIW analysis, competitive edge, marketing summary, management summary (with an emphasis on your contributions), a discussion of your credentials related to the EB-2, financial projections (including a proforma financial statement and an impact assessment when appropriate).
EB-2 NIW Support Letters
Understand what a specialty occupation RFE is, understand how to avoid or respond to one, and read immigration attorney insights*.
Note: we do not offer legal advice.
"In 2024, 49 out of 50 of the petitions we submitted with ProfVal's assistance have been approved. We haven't heard anything from the USCIS about the other one yet"
-- Immigration Professional
"Profval is a trusted advisor when it comes to NIWs. Their team is the best out there and will work with you to ensure we can present the strongest case possible"
-- Ralph Antonioli, ESQ
Did you know?
The EB visa category was introduced as part of the bipartisan Immigration Act of 1990. Its signors understood that the U.S. becomes more successful when talented people make
contributions here.
The approval of your visa makes the USA stronger.
Learn more about the history of the EB visa category and/or how the EB-2 NIW makes the U.S. stronger
Expert Opinion Letters and Support Letters are different
Sometimes, clients ask ProfVal for EB-2 NIW Recommendation letter, EB-2 NIW Reference Letter, or an EB-2 NIW Support letter. While these refer to one type of important document, this document is not the same as an EB-2 NIW Expert Opinion Letter. You can learn about support letters here (Support Letters).
How is it different? An EB-2 NIW Expert Opinion Letter from ProfVal is a distinguished expert's in-depth opinion regarding your credentials and the importance of your endeavor. It is an assessment, not a recommendation. We take a number of steps to ensure that our letters are authentic representations of experts' views, including that the expert either does not personally know you or will clearly state their connection to you if they are acquainted with you through chance.
What is an EB-2 NIW support letter or recommendation letter? A support letter or recommendation letter, however, is from someone who knows you personally. We provide this free support letter template to guide your efforts. After you use this template, our team can suggest edits or the type of content that you may wish to include.
If you need help with your Expert Opinion Letter or would like ProfVal to review your support letter(s), please fill out our client contact form.
A detailed and customized document aligned to EB-2 NIW requirements.
-
A Professional Plan is appropriate for endeavors related consulting, working for an employer, or any endeavor not related to starting a business.
-
An Immigration Business Plan incorporates the elements of a Professional Plan while also demonstrating the credibility and viability of your business. A RIMS II assessment can quantitatively demonstrate indirect job creation.
