It is Possible to Win National Interest Waiver EB2 I-140 Without an Advanced Degree

One common misconception that I often encounter in my practice is that people believe they are unqualified for a National Interest Waiver EB2 I-140 case if they do not have a Master’s Degree or Ph.D. Degree. However, this is not always true.Winning a NIW I-140 petition without an advanced degree (master’s or higher) is possible.

To begin, let’s review some basic points about NIW I-140 petitions. To be initially qualified to apply for an NIW I-140, you must first demonstrate that you qualify as either as an “Advanced Degree Professional” or as an “Alien of Exceptional Ability”.

Advanced Degree Professional

First, let’s look at the category of “Advanced Degree Professional”. It’s important to note that, even though this category uses the words “Advanced Degree”, one may qualify without an advanced degree.

For an NIW petition, an “Advanced Degree Professional”is defined by USCIS as:

  • Someone holding a Master’s degree or higher (such as Ph.D., J.D., etc), OR
  • Someone holding a Bachelor’s degree plus at least five (5) years of progressive work experience in the field.

This means that a Bachelor’s degree holder with 5 years of continued work experience clearly meets the advanced degree standard under this rule. In order prove this kind of advanced degree equivalency, you must provide evidence that:

  1. Your degree is equivalent to a U.S. Bachelor’s degree.

    • This applies mostly to foreign degrees. If your degree is from outside the U.S., you will need an education evaluation to confirm it is equivalent to a U.S. Bachelor’s degree.
  2. Your work experience is progressive and relevant to your field.

    • "Progressive" means you have gained increasing responsibility, expertise, and career advancement over time.
    • Provide employment verification letters from current and former employers, stating:
      • Job title, job duties, and responsibilities.
      • Duration of employment.
      • How your responsibilities expanded over time.
      • A statement confirming that the experience is related to your field.
    • If possible, obtain letters from supervisors, colleagues, or industry experts to further support your claim.

Alien of Exceptional Ability

However, if you lack the needed degree or experience to be considered as an “Advanced Degree Professional”, there is another option – qualifying as an “Alien of Exceptional Ability”. Exceptional ability means having expertise significantly above the ordinary person in sciences, arts, or business.For this “Alien of Exceptional Ability” category, USCIS requires proof of at least three of the following types of evidence:

  • A degree, diploma, or certificate from a college, university, schoolrelated to your field (not necessarily an advanced degree)
  • Letters documenting at least 10 years of full-time experience in your field
  • A license or certification to practice your profession (if applicable)
  • Evidence of high salary that demonstrates exceptional ability
  • Membership in professional associations related to your field
  • Recognition for achievements and significant contributions from peers, government entities, or professional organizations

Examples of Professions That Can Succeed Without an Advanced Degree

Throughout my career, I have seen several different examples of people who qualify for an NIW I-140 petition even though they have no formal advanced degree. Some of these examples include:

  • Entrepreneurs and Business Leaders: If you have founded a successful company with job creation, economic impact, or innovation.
  • Engineers and Technologists: If you have patents, inventions, or significant industry contributions.
  • Medical Professionals or Researchers: If you’ve contributed significantly to healthcare, pharmaceuticals, or biotech without necessarily holding a master’s or PhD.
  • Artists and Creatives: If you have notable achievements, media recognition, or influence in the industry.
  • Athletes and Coaches: If you have international or national recognition.

In summary, while an advanced degree strengthens an NIW I-140 case, many other factors can substitute for formal education. So never give up hope! Strong evidence, expert testimonials, and a strong personal statement that your work benefits the U.S. are key to success. Of course, hiring an experienced immigration attorney, who can craft compelling arguments and navigate USCIS bureaucracy for you, is also always a good idea.

About Attorney Bennett Wisniewski

Attorney Bennett Wisniewski is a Senior Attorney at Attorney at Zhang & Associates, PC. With over 18 years of experience in business immigration law, he has successfully handled hundreds of immigration cases, including EB1A, EB1B, NIW, O-1 visa, and Adjustment of Status or Consulate Processing cases.
For more information about legal services, please contact Attorney Bennett Wisniewski at bwisniewski@hooyou.com. 

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel: 1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website: http://www.hooyou.com

 

(02/22/2025)