EB2 NIW vs Regular EB2: When to Choose Self-Petition
Indeed, applying for employment-based green cards can feel overwhelming, especially when faced with similar-sounding categories like the EB2 and EB2 NIW.
Consequently, understanding the concept of each is crucial for choosing the path that best suit your qualifications and career goals.
In a minute, we will delve into the key differences between the regular EB2 and the EB2 National Interest Waiver (NIW), helping you determine when self-petitioning might be the right move.
What is the EB2 Visa?
Basically, the EB2 visa is a category within the employment-based immigration system for individuals with advanced degrees or exceptional ability in the sciences, arts, or business.
Generally, it requires a job offer from a U.S. employer and a PERM labor certification, which demonstrates that no qualified U.S. worker is available for the position.
What is the EB2 National Interest Waiver (NIW)?
The EB2 NIW, on the other hand, is a subcategory of the EB2 visa that waives the job offer and PERM labor certification requirements.
Consequently, this allows eligible individuals like you to self-petition for their green card.
Key Differences: EB2 vs. EB2 NIW
| Feature | Regular EB2 | EB2 NIW |
| Job Offer | Required | Not Required (Self-Petition) |
| PERM Labor Certification | Required | Not Required |
| Employer Sponsorship | Required | Not Required |
| Eligibility | Advanced degree or exceptional ability | Advanced degree or exceptional ability, AND work in the national interest |
| Control Over Process | Less Control (Employer-Dependent) | More Control (Self-Directed) |
| Processing Time | Can be longer due to PERM process | Potentially shorter |
When to Choose Self-Petition (EB2 NIW):
Undoubtedly, the EB2 NIW is a powerful option for you if you meet the following criteria:
- Exceptional Ability or Advanced Degree: You possess an advanced degree (Master’s or Ph.D.) or have demonstrated exceptional ability in the sciences, arts, or business. This could include publications, awards, memberships in professional organizations, and recognition for your achievements.
- Work in the National Interest: If your proposed work has significant merit, its impact is national in scope, and it will benefit the United States. This is the most critical aspect of the NIW. You need to clearly articulate how your work will positively impact the nation.
- Your Work is in the National Interest: Importantly, this is the core requirement. You must demonstrate that your work will benefit the United States. This often involves demonstrating the potential impact of your research, your contributions to your field, or your proposed business venture.
- You are uniquely positioned to advance your proposed work: You must show that you are well-positioned to carry out your proposed work and that your contributions will be significant. This may involve demonstrating your past successes, your expertise, and your plans for future work.
- Waiving the job offer and PERM requirements would benefit the U.S.: As seen in USCIS, you need to argue that it would be detrimental to the national interest to require a job offer and PERM labor certification in your case. This often involves highlighting the unique nature of your work and the difficulty of finding a suitable employer sponsor.
Examples of Fields that Often Qualify for NIW:
- Researchers in STEM fields: Do you conduct research with the potential to advance scientific knowledge or address critical national challenges?
- Entrepreneurs: Do you possess innovative know-how, skills, technologies or businesses that create jobs and stimulate the economy?
- Artists and Musicians: Are you talented with exceptional skills and your work contribute significantly to the cultural landscape?
- Professionals in fields with a shortage: Or you have expertise in areas where the U.S. faces a skills gap?
Consequently, if one of your answers to the above questions of the fields that often qualify for NIW is “YES”, we recommend you take the free evaluation to prequalify you for a U.S Visa.
When to Choose Regular EB2:
The regular EB2 visa might be more suitable if:
- You have a firm job offer from a U.S. employer.
- Your employer is willing to sponsor your green card application and go through the PERM labor certification process.
- You do not meet the stringent “national interest” criteria for the NIW.
Consult with an Immigration Attorney:
The decision between the regular EB2 and the EB2 NIW is complex and fact-specific.
It is crucial to consult with an experienced immigration attorney to assess your eligibility and determine the best course of action for your individual circumstances and needs.
We can help you gather the necessary documentation, build a strong case, and navigate the complexities of the immigration process.
Ready to take the first step toward your EB2 NIW success? Take a FREE Evaluation.
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