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Home > Blog > E-2 Visa > If You Are A Junior Researcher, Can You Obtain An EB-2 NIW?

If You Are A Junior Researcher, Can You Obtain An EB-2 NIW?

Immigration10

A junior researcher who would like to live, and work, in the United States can obtain an EB-2 NIW. But, doing so is not always easy.

Going over what a junior researcher can do to obtain an EB-2 NIW, and speaking with an experienced immigration lawyer, makes it a lot easier to do so.

 What Is The EB-2 NIW?

 The EB-2 NIW is two things: a visa that allows those with an advanced degree, or exceptional ability, to live/work in the United States, as well as a waiver that allows those with such a visa to forfeit the need for labor certification.

If an immigrant obtains an EB-2 NIW, then they can live, and work, in the United States without the labor certification they would normally need. This means that they do not need to get a job offer before moving.

Just as an example of the benefits of an EB-2 NIW, if a junior researcher would like to pursue their own, unique research, outside of the confines that an employer might impose, then an EB-2 NIW might allow them to do so.

On the other hand, if that junior researcher cannot obtain an EB-2 NIW, they are, essentially, bound to their job offer and to the confines of that particular role, when it comes to their professional life in the United States.

 If You Are A Junior Researcher, Can You Obtain An EB-2 NIW? 

The answer to the question outlined above is “Yes.”

If an immigrant is a junior researcher, then they can obtain an EB-2 NIW.

But, this is only if they satisfy the requirements of an EB-2 NIW. And, these requirements are quite numerous and, in turn, somewhat difficult to satisfy.

If an immigrant works with a lawyer, though, then it will be much easier to satisfy them.

 How Can A Junior Researcher Obtain An EB-2 NIW? 

A junior researcher can obtain an EB-2 NIW by, first and foremost, demonstrating that they:

  • Possess an advanced degree.
  • Possess extraordinary ability.

To accomplish this, a junior researcher must provide evidence that validates their claim.

Just as an example, if a junior researcher possesses an advanced degree, and would like to use that for their EB-2 NIW petition, then they must produce evidence that relates to this advanced degree.

One of the ways that a junior researcher can achieve the above is by providing their academic record.

Outside of that, a junior researcher must propose an endeavor, in lieu of a job offer. And, in order for them to successfully obtain an EB-2 NIW, this endeavor must:

  • Possess substantial merit.
  • Possess national importance.
  • Be beneficial to the United States, with regards to waiving their labor certification requirement.
  • Be something that the immigrant is well-positioned to achieve.

If the above is true, and it can be proven, then a junior researcher should be able to obtain an EB-2 NIW visa. 

Speak With A Lawyer Today

 If you are a junior researcher, and you would like to obtain an EB-2 visa, you can work directly with a lawyer to do so. Speak with a lawyer at BBA Immigration today and we will help you do so.

 Sources: 

uscis.gov/policy-manual/volume-6-part-f-chapter-5

uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

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