For most highly qualified professionals who can satisfy the Dhanasar national interest standard, NIW is the better choice — it eliminates the 12–24 month PERM process, removes employer dependency, and allows self-petition. Standard EB-2 is appropriate when NIW is not available (e.g., the work does not have national importance) or when an employer is willing to sponsor and speed is not the primary concern. Attorney Shair evaluates both options for every EB-2 candidate before recommending a strategy.

An advanced degree for EB-2 purposes means a U.S. master's degree or higher (or a foreign equivalent) in the specialty — OR a U.S. bachelor's degree plus at least 5 years of progressive post-baccalaureate experience in the specialty occupation. A bachelor's degree alone without 5 years of progressive experience does not meet the advanced degree prong — but the exceptional ability prong may still qualify the applicant.

Yes — under AC21, if your I-485 has been pending for 180+ days and your I-140 was approved, you may change to a same or similar occupational classification without losing your adjustment application. For NIW petitioners, the new position should be in the same or similar field as the proposed endeavor described in your NIW petition. Attorney Shair advises on AC21 portability before any job change.

To establish exceptional ability under EB-2, you must meet at least 3 of these 6 criteria: (1) academic record showing a degree relating to the area of exceptional ability; (2) letters documenting at least 10 years of full-time experience; (3) license to practice the profession or occupation certification; (4) evidence of high salary relative to others in the field; (5) membership in professional associations requiring outstanding achievement; (6) recognition for achievements and significant contributions by peers, government entities, or professional organizations.