The EB-2 National Interest Waiver (NIW) is a special category of U.S. immigration that allows certain highly skilled professionals to obtain permanent residency (a green card) without the need for a job offer or labor certification. The NIW is part of the EB-2 employment-based visa category, which is typically reserved for individuals with advanced degrees or those with exceptional ability in the sciences, arts, or business.
Who is eligible?
- Applicants who possess an advanced degree (master’s, PhD, or a bachelor’s degree holder with 5 years of work experience).
- Applicants with exceptional ability in their field must provide evidence of expertise that is significantly above the norm.
What are the requirements for the EB2-NIW?
Applicants who apply for the EB2-NIW request that the job offer and the labor certification, be waived because it is in the interest of the United States. The applicants are required to self-petition.
The USCIS considers 3 factors to be for the petition to be approved:
-The proposed endeavor possesses significant merit and holds national importance.
-You are well-equipped to advance the proposed endeavor.
-On balance, waiving the job offer and labor certification requirements would be advantageous to the United States.
In addition to these factors, at least you are required to meet three of the following:
-Official academic records confirming that you hold a degree, diploma, certificate, or a similar qualification from a college, university, school, or other educational institution relevant to your area of exceptional ability.
-Letters from current or previous employers verifying at least 10 years of full-time experience in your occupation.
-A valid license to practice your profession or relevant certification for your occupation.
-Evidence that you have earned a salary or other compensation that reflects your exceptional ability.
-Proof of membership in professional associations.
-Recognition from peers, government agencies, or professional/business organizations for your achievements and significant contributions to your industry or field.
-Other comparable evidence demonstrating eligibility is also acceptable.
What are the Benefits of the EB2-NIW?
No Job Offer Required: Unlike other employment-based visas, the EB-2 NIW does not require a job offer or employer sponsorship. This is particularly advantageous for entrepreneurs, researchers, and professionals working on independent projects.
No Labor Certification: The labor certification process, which is time-consuming and requires proof that no qualified U.S. worker is available for the position, is waived under the NIW.
Flexibility: The EB-2 NIW offers more flexibility to applicants, allowing them to pursue work that aligns with their expertise and national interest without being tied to a specific employer
- The application for EB-2 NIW begins with filing Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). This form is accompanied by documentation that proves the applicant meets the criteria for an NIW.
- The supporting documents typically include academic records, proof of work experience, publications, awards, letters of recommendation, and a personal statement explaining the significance of the applicant’s work and how it serves the national interest.
- If the applicant is in the United States, they may be eligible to file for adjustment of status to obtain a green card once their I-140 is approved. If they are outside the U.S., they will need to go through consular processing.
