EB-2 National Interest Waiver (NIW): Advanced Degree or Exceptional Ability

Unlike the standard EB-2, the NIW waives the requirement for a job offer or labor certification (PERM).

Eligibility Criteria for EB-2 NIW

1. Standard EB-2 Requirements
   1. An advanced degree (master’s, doctorate) or its equivalent (bachelor’s + 5 years of progressive work experience).
   2. Exceptional ability in sciences, arts, or business (meet at least 3 of 6 listed criteria).
2. National Interest Waiver Criteria
   The applicant must demonstrate:
   1. Proposed Work of Substantial Merit and National Importance
      • The applicant’s work must address significant national priorities (e.g., public health, economic development).
   2. Positioned to Advance the Proposed Endeavor
      • The applicant must show evidence of capability, such as expertise, achievements, or relevant work.
   3. Waiver of Job Offer and Labor Certification Benefits the U.S.
      • The work must justify bypassing the typical labor certification process.

Evidence to Support NIW Petition

• Educational Background: Diplomas, certificates, transcripts.
• Work Experience: Letters from employers detailing 10+ years of experience.
• Exceptional Achievements: Awards, publications, patents.
• National Importance:
  • Expert letters explaining the work’s impact.
  • Evidence of public interest in the project (e.g., funding, media attention).
  • Examples of how the work aligns with U.S. priorities (e.g., economic, cultural, or educational impact).

EB-2 Visa Application Process

Step 1: Labor Certification (PERM)

Employers must:

• Submit a Prevailing Wage Inquiry to determine fair market wages.
• Advertise the job locally and nationally.
• Justify rejection of U.S. candidates for the role.
• File a Labor Certification Application with the U.S. Department of Labor if no suitable U.S. workers are found.

Step 2: I-140 Petition

After PERM approval, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.

Step 3: Green Card Application

The applicant files for Green Card status:

• In the U.S.: File for Adjustment of Status (Form I-485).
• Outside the U.S.: Apply for an immigrant visa at a U.S. consulate.

Family Members

Spouses and children under 21 can obtain Green Cards with the EB-2 applicant. Spouses may work in the U.S. after obtaining an Employment Authorization Document (EAD).

Job Loss and the EB-2 Green Card

Unlike temporary work visas (e.g., H-1B or L-1), the Green Card obtained via EB-2 does not depend on continued employment with the sponsoring employer.

Why Choose the EB-2 Visa?

The EB-2 visa is a valuable pathway for qualified professionals and exceptional talent seeking long-term opportunities in the U.S. With benefits like faster processing, family inclusion, and the potential for a National Interest Waiver, it’s an excellent choice for advancing your career and securing a future in the United States.

For personalized guidance, consult our experienced immigration attorneys to navigate the EB-2 process effectively.

Comparing EB-1C and EB-2 NIW

Both EB-1C and EB-2 NIW provide excellent pathways for professionals seeking permanent residency. While the EB-1C is tailored for corporate leaders, the EB-2 NIW empowers individuals with skills to contribute independently to the U.S. economy and society.