National Interest Visa

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.

Eligibility Requirements

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 professional 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. This will mainly rely on aspects such as:

• The proposed enterprise by the individual has substantial merit and national importance
• The individual is well-positioned to advance the proposed enterprise.
• Overall, waiving the job offer and permanent labor certification requirements would be beneficial to the United States.

At Oasis Legal Group, we understand the importance of these processes and are committed to providing you with the support and necessary guidance in your pursuit of a new opportunity in the United States. Our experienced team will be by your side every step of the way, guiding you and ensuring that you follow the right path toward a successful work life in the United States.