EB-2 National Interest Waiver Program
I. Executive Summary
The EB-2 National Interest Waiver (NIW) program is an immigration category for foreign nationals seeking U.S. permanent residency. This program is designed for individuals who can demonstrate that their work benefits the United States significantly. The primary advantage of the NIW program is that it waives the labour certification requirement typically associated with employment-based visas (EB-3). This memo will explain the critical requirements, who qualifies for the program, and how potential applicants can creatively craft a proposed endeavour to maximize their chances of approval.
II. Critical Requirements
A. Educational Qualifications: To qualify for the EB-2 NIW program, applicants must have an advanced degree or exceptional ability in their field. An advanced degree can be a bachelor’s, master’s or higher, and a combination of factors such as academic achievements, professional recognition, and significant contributions to the field determines exceptional ability.
B. Proving National Interest: The heart of the EB-2 NIW is the requirement to prove that the applicant’s work is of substantial merit and significantly impacts the national interest of the United States. This requires a compelling case that explains how the applicant’s work significantly benefits the country.
C. Professional Experience: Applicants must have at least five years of experience in their field to demonstrate their exceptional ability.
D. Avoiding the Labor Certification Process: One of the critical benefits of the NIW program is the waiver of the labour certification process. This means that applicants are not required to secure a job offer or go through the time-consuming labour market test that is usually mandatory for employment-based visas.
III. Who Qualifies?
The EB-2 NIW program is open to foreign nationals in a wide range of professions, including but not limited to researchers, scientists, engineers, educators, healthcare professionals, entrepreneurs, and artists. This program is particularly well-suited for those in fields where their work directly and substantially impacts the national interest.
Book your consultation with THE EB2NIW EXPERTS now
