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The EB-2 National Interest Waiver (EB-2 NIW) visa is a pathway to Permanent Residence in the United States for outstanding professionals in sciences, arts, education, business, or sports. It focuses on individuals who can demonstrate a significant impact on the national interest of the country.
EB-2 National Interest Waiver (EB-2 NIW) visa is an employment-based visa that waives the requirement of a job offer and labor certification approval for individuals with exceptional abilities in certain fields such as sciences, arts, education, business, or athletics, who can demonstrate a work project that is of national interest. This visa is an option for professionals who wish to live and work in the United States, as it provides a direct path to permanent residency. (If you have a prospective employer, click here to review this information.)
Some demonstrable exceptional abilities to qualify for this visa include awards, publications, patents, work experience, and other achievements that showcase your expertise and skills.
Additionally, you must demonstrate that your work will benefit the economy, health, culture, or education of the United States. This can include job creation, business establishment, medical research, implementation and development of technologies, computer security software development, or any other benefit that the United States deems as positively impacting the improvement of the quality of life for U.S. citizens.
1. Criteria to demonstrate an Advanced Degree:
The applicant must be a professional and have the ability to demonstrate the following:
• An advanced degree from the United States (or its foreign equivalent).
• A foreign degree plus 5 years of progressive work experience in the field where you possess exceptional ability.
2. Criteria to Demonstrate Exceptional Ability:
You must demonstrate exceptional abilities in sciences, arts, or business. These abilities must be significantly above the norm in the mentioned fields. You must meet at least three of the criteria detailed below:
• Official academic records showing degrees, diplomas certificates, or similar awards from educational institutions related to your field.
• Letters documenting at least 10 years of full-time professional experience.
• Professional license or certification in your occupation.
• Evidence of receiving a salary or other forms of remuneration for your services that demonstrate your exceptional abilities.
• Membership in professional associations.
• Recognition from colleagues, government entities, and profession al or business organizations for your achievements and contributions in your industry or field.
• Any other comparable evidence of eligibility will be accepted.
3. The National Interest Waiver for Job Offer:
Individuals can apply for a waiver without possessing a backed job offer, which gives them the power to petition on their own behalf. Opting out of the job offer also eliminates the need for permanent labor certification. Nonetheless, certain subcomponents from the employee’s permanent labor certification are imperative to support their petition, though there is no requirement for approval by DOL.
It is the responsibility of the applicant to prove that exemption from the need for a job offer is in the national interest. USCIS assesses every petition on its merits and may use their discretion to offer a waiver if eligibility can be substantiated by way of a preponderance of the evidence.
At Oasis Legal Group, we provide specific guidance tailored to your individual situation, ensuring that you meet all the requirements set by USCIS to maximize the chances of success in applying for the National Interest Waiver (NIW) Visa and EB-2 classification. Our team will accompany you every step of the way, guiding you and ensuring you follow the correct path to achieve your goals of having a professional life in the United States.
What is the difference between the EB-2 NIW category and other employment-based immigration programs?
The main difference is that the EB-2 NIW category allows applicants to waive the need for a specific job offer and labor certification, making the process more flexible for certain highly skilled professionals.
How can I demonstrate that my work is of national interest to qualify under the EB-2 NIW category?
Applicants can submit evidence of their professional achievements, recognitions, publications, contributions to their field, and any other relevant documentation demonstrating the impact of their work in areas of importance to the United States.
What happens if my EB-2 NIW application is approved?
If the application is approved, the applicant can proceed to the next step of the immigration process, which typically involves filing an adjustment of status application or an immigrant visa application at a U.S. embassy or consulate abroad.
Can I apply for an adjustment of status while waiting for the approval of my EB-2 NIW application?
Yes, in many cases, applicants can file an adjustment of status application once their EB-2 NIW petition has been accepted for processing.
Can I include my family in my EB-2 NIW application?
Yes, applicants can include their spouses and unmarried children under 21 years old in their EB-2 NIW application as derivative beneficiaries.
Is there a limit on the number of EB-2 NIW applications accepted each year?
There is no specific limit on the number of EB-2 NIW applications accepted each year, as this program is not subject to numerical quotas like some other employment-based immigration programs.
Are there restrictions or additional considerations for certain professional fields when applying for the EB-2 NIW category?
Specific requirements may vary depending on the applicant’s professional field, but in general, the same criteria of exceptional ability and national benefit apply to all EB-2 NIW applicants, regardless of their field of specialization.
