The EB-2 category is an employment-based pathway for obtaining a Green Card in the United States. However, there is an exception within this category known as the National Interest Waiver (NIW). The USA EB-2 NIW allows applicants to request a waiver from the requirement of having an employer sponsor their Green Card application.
To qualify for this exception, the applicant must provide substantial evidence to demonstrate the following:
Advanced Degree: The applicant must hold a master’s degree or higher, or a bachelor’s degree plus at least 5 years of progressive work experience in the field.
The applicant must document their exceptional abilities in sciences, arts, or business, meeting at least 3 of the specified criteria, such as an official academic record, letters from employers, professional licenses, evidence of higher salaries, memberships in professional associations, or other comparable evidence.
Substantial Merit: The applicant’s work must have substantial merit, which can be demonstrated by its potential to improve critical infrastructure, develop medical devices, create sustainable products, or other significant contributions.
National Importance: The applicant’s endeavor must align with one or more goals of the United States and have national significance, rather than being limited to a specific geographic area.
The applicant must have a clear plan to advance the proposed endeavor, demonstrate progress, and show they have the necessary support, whether personal or financial.
The applicant must convince the authorities that it would be beneficial for the United States to waive the requirement of a job offer and labor certification, as the applicant’s contribution would outweigh the need for a specific employer sponsorship.
By meeting these requirements, the applicant can bypass the typical employment-based Green Card process and obtain permanent residency in the United States through the National Interest Waiver exception within the EB-2 category.
For detailed guidance and assistance with the application process, it is advisable to consult with an immigration consultant.
The EB-2 NIW visa category is a pathway for foreign nationals with advanced degrees or exceptional abilities in their field to obtain a U.S. Green Card without the need for a job offer or labour certification, by demonstrating that their work is in the national interest of the United States.
Individuals who have an advanced degree or exceptional ability in their field and can demonstrate that their work is in the national interest of the United States may be eligible to apply for an EB-2 NIW visa.
To qualify for an EB-2 NIW visa, applicants must show that their work has substantial intrinsic merit and national importance, that they are well-positioned to advance their field, and that it would be beneficial to waive the job offer and labour certification requirements for the national interest.
The EB-2 NIW visa allows individuals to self-petition without the need for a job offer or labour certification, whereas the regular EB-2 visa requires a job offer from a U.S. employer and the employer to go through the labour certification process.
Applicants for an EB-2 NIW visa must provide evidence of their advanced degree or exceptional ability, documentation of their work in the national interest, letters of recommendation, publications, awards, and any other relevant documentation to support their petition.
The processing time for an EB-2 NIW petition can vary, but it typically takes several months to a year or more. It is important to ensure that all required documentation is submitted accurately and completely to avoid delays in the process.
Yes, the spouse and unmarried children under the age of 21 of the EB-2 NIW visa holder can accompany them to the United States and may be eligible for derivative visas.
The EB-2 NIW visa category is a pathway for foreign nationals with advanced degrees or exceptional abilities in their field to obtain a U.S. Green Card without the need for a job offer or labour certification, by demonstrating that their work is in the national interest of the United States.
Individuals who have an advanced degree or exceptional ability in their field and can demonstrate that their work is in the national interest of the United States may be eligible to apply for an EB-2 NIW visa.
To qualify for an EB-2 NIW visa, applicants must show that their work has substantial intrinsic merit and national importance, that they are well-positioned to advance their field, and that it would be beneficial to waive the job offer and labour certification requirements for the national interest.
The EB-2 NIW visa allows individuals to self-petition without the need for a job offer or labour certification, whereas the regular EB-2 visa requires a job offer from a U.S. employer and the employer to go through the labour certification process.
Applicants for an EB-2 NIW visa must provide evidence of their advanced degree or exceptional ability, documentation of their work in the national interest, letters of recommendation, publications, awards, and any other relevant documentation to support their petition.
The processing time for an EB-2 NIW petition can vary, but it typically takes several months to a year or more. It is important to ensure that all required documentation is submitted accurately and completely to avoid delays in the process.
Yes, the spouse and unmarried children under the age of 21 of the EB-2 NIW visa holder can accompany them to the United States and may be eligible for derivative visas.
The EB-2 NIW visa category is a pathway for foreign nationals with advanced degrees or exceptional abilities in their field to obtain a U.S. Green Card without the need for a job offer or labour certification, by demonstrating that their work is in the national interest of the United States.
Individuals who have an advanced degree or exceptional ability in their field and can demonstrate that their work is in the national interest of the United States may be eligible to apply for an EB-2 NIW visa.
To qualify for an EB-2 NIW visa, applicants must show that their work has substantial intrinsic merit and national importance, that they are well-positioned to advance their field, and that it would be beneficial to waive the job offer and labour certification requirements for the national interest.
The EB-2 NIW visa allows individuals to self-petition without the need for a job offer or labour certification, whereas the regular EB-2 visa requires a job offer from a U.S. employer and the employer to go through the labour certification process.
Applicants for an EB-2 NIW visa must provide evidence of their advanced degree or exceptional ability, documentation of their work in the national interest, letters of recommendation, publications, awards, and any other relevant documentation to support their petition.
The processing time for an EB-2 NIW petition can vary, but it typically takes several months to a year or more. It is important to ensure that all required documentation is submitted accurately and completely to avoid delays in the process.
Yes, the spouse and unmarried children under the age of 21 of the EB-2 NIW visa holder can accompany them to the United States and may be eligible for derivative visas.
