EB-2 NIW introduction
The EB-2 National Interest Waiver (NIW) is a U.S. immigration category that allows foreign nationals to apply for permanent residency (a green card) based on their advanced education, exceptional abilities, or work that is in the national interest of the United States.
Typically, applicants in the EB-2 category need a job offer and a labor certification from a U.S. employer, but the NIW (National Interest Waiver) allows applicants to bypass these requirements if they can prove that their work has substantial merit and national importance. By demonstrating that their contribution benefits the U.S. economy, culture, or society, they can “waive” the labor certification and employer sponsorship.
If successful, the EB-2 NIW is an attractive option for skilled professionals seeking permanent residency in the U.S. without needing employer sponsorship.
Key Points
- Advanced Degree or Exceptional Ability: The applicant must have either a master’s degree or equivalent in their field, or demonstrate exceptional ability in the sciences, arts, or business.
- National Interest: Applicants need to show that their work has significant value to the U.S. and that waiving the labor certification would benefit the country.
- Self-Petition: Unlike many other employment-based immigration categories, applicants can file for the NIW on their own without needing an employer to sponsor them.
Eligibility Criteria
- Substantial Merit and National Importance: The proposed work must have intrinsic value and potential benefit to the U.S. This can be in areas like business, healthcare, education, or technology.
- Well-Positioned to Advance the Proposed Endeavor: The applicant must show that they are in a good position to continue their work and make contributions in their field.
- Benefit of Waiving the Labor Certification: It must be in the U.S. national interest to waive the normal job offer and labor certification requirement.
