How to Qualify and Apply for the EB2 National Interest Waiver

The EB2 National Interest Waiver

The EB2 National Interest Waiver (NIW) is a pathway to a green card for foreign nationals.

Foreign nationals with advanced degrees or exceptional ability in the sciences, arts or business.

It allows individuals to bypass the job offer and labor certification requirements, making it an attractive option for you if you can demonstrate that your work is in the national interest of the United States.

The Core of the EB2 NIW

The EB2 National Interest Waiver is a two-part test that assesses:

• Substantial Merit and National Importance.
• Positioning to Advance the Proposed Endeavor.

Step-by-Step Guide to Qualifying for the EB2 NIW

Step 1: Determine Your Eligibility

To qualify for the EB2 NIW, you must meet the following criteria:

1. Advanced Degree or Exceptional Ability: You must have a master’s degree or equivalent in your field or demonstrate exceptional ability in your field.
2. National Interest: Your work must be in the national interest of the United States. This means that your work must have substantial merit and national importance, and that you are well-positioned to advance the proposed endeavor.
3. Benefit to the U.S.: It must be beneficial to the United States to waive the job offer and labor certification requirements.

Step 2: Gather Supporting Documentation

To strengthen your NIW application, you’ll need to gather evidence that demonstrates your qualifications and the national importance of your work.

This may include:

1. Letters of recommendation: Letters from experts in your field who can attest to your skills and the importance of your work.
2. Publications, patents, or other significant contributions: Evidence of your accomplishments in your field.
3. Membership in professional organizations: Proof of your involvement in your field.
4. Documentation of your work’s impact on the national interest: This could include news articles, research papers, or other materials that highlight the importance of your work.
5. Business plans or research proposals: If you are an entrepreneur or researcher, you may need to submit a business plan or research proposal.

Step 3: File Form I-140

According to the USCIS, Once you have gathered all of your supporting documentation, you can file Form I-140, Immigrant Petition for Alien Worker. This form must be accompanied by a detailed letter explaining your qualifications and how your work benefits the United States.

Step 4: Wait for Approval

The processing time for NIW applications can vary, but it typically takes several months. Once your application is approved, you can apply for your green card.

The EB2 NIW is a great option for foreign nationals who have advanced degrees or exceptional abilities and whose work benefits the United States.

If you are considering applying for the EB2 NIW, we encourage you to contact us today for a free consultation.

Our experienced immigration attorneys can help you determine if you are eligible and guide you through the application process.