The “Exceptional Ability Green Card” and the “National Interest Waiver (NIW) Green Card” are two distinct paths for obtaining permanent residency in the United States, typically falling under the EB-2 visa category. Here's an overview of each:

Exceptional Ability Green Card

1. Definition: This category is for individuals who have exceptional ability in the sciences, arts, or business. “Exceptional ability” is defined as a degree of expertise significantly above that ordinarily encountered in the respective fields.

2. Criteria: To qualify, applicants must meet at least three of the following criteria:

• • An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.

  • Letters documenting at least 10 years of full-time experience in your occupation.

  • A license to practice your profession or certification for your profession or occupation.

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.

  • Membership in professional associations.

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.

  • Other comparable evidence of eligibility is also acceptable.

3. Application Process: Typically requires a job offer and labor certification, but this can be waived if it is in the national interest

National Interest Waiver (NIW) Green Card

1. Definition: The NIW is a waiver of the job offer requirement when it is in the interest of the United States. It is also under the EB-2 category but doesn't require the labor certification or a specific job offer (meaning you can self-petition).

2. Criteria: To be eligible for a national interest waiver, applicants must meet three criteria:

• • Their proposed endeavor has both substantial merit and national importance.

  • They are well-positioned to advance the proposed endeavor.

  • On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

3. Application Process:

• • File Form I-140, Petition for Alien Worker, along with evidence supporting the NIW criteria.

  • Provide a statement or petition letter explaining how your work is in the national interest.

  • Include evidence like publications, awards, letters from experts in the field, etc.

Both pathways are designed for highly skilled individuals, but they cater to slightly different applicant profiles. The Exceptional Ability Green Card focuses on individual talent and achievement in a specific field, while the NIW is more about the impact of one's work on the national interest of the United States.

Next week's discussion on the EB-5, often referred to as the “million dollar green card,” will explore another pathway that involves investment in the U.S. economy. This is a distinct route, primarily for those who can make a substantial financial investment in a U.S. business.