Understanding the EB-2 National Interest Waiver Visa
Employment-based immigration visas provide a pathway for individuals with special skills, expertise, and education to enter the United States for work. Every fiscal year, well over one hundred thousand non-citizens enter the U.S., as outlined by the U.S. Department of Homeland Security, and enjoy permanent residency contingent upon their employment. Competition for these visas is immense, and successful applicants need to take care in choosing the visa most suited to their experience.
In recent years, the EB-2 National Interest Waiver also referred to as the EB-2 NIW, has become an attractive employment-based visa as it circumvents certain arduous steps otherwise required. The EB-2 NIW allows immigrants to become lawful permanent residents through the EB-2 green card category.
How the National Interest Waiver Works
Normally, EB-2 visas require certification from the Department of Labor (DOL), demonstrating a sponsoring employer’s willingness and ability to pay the visa applicant’s salary while they’re in the United States. Applicants may apply for a waiver of this requirement when they can show the U.S. will significantly benefit from their employment. In addition to the waiver of the DOL certification, EB-2 NIW visa applicants don’t need an employer to sponsor them.
Who Qualifies for an EB-2 National Interest Waiver Visa?
While the U.S. Citizenship and Immigration Services (UCIS) doesn’t adhere to a specific federal statute in determining the types of skills or advanced professions that qualify as a “national interest,” USCIS does provide guidance that requires:
- “all petitions for a person of exceptional ability show that the person’s presence in the United States would substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future.”
- In other words, NIW applicants must have an advanced degree and exceptional ability in their field of expertise.
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- Advanced Degrees Professionals: A Master’s, Ph.D., or other post-baccalaureate degree (or a Bachelor’s degree and five years of experience)
- Exceptional Ability & Documentation Proving the following (non-exhaustive list):
- 5- 10 years of full-time experience
- License/certification to practice the profession or industry
- Official academic record with proof of a degree, certificates, or the equivalent from an institution of higher education
- Membership in one or more professional associations
- Recognition for any achievements and/or significant industry contributions
For those who are interested in applying for an EB-2 NIW visa, it’s important to know that the applicant has the burden of proving the national interest by a “preponderance of the evidence” based on their degree of:
- Merit (proposed endeavor is of “substantial merit and national importance”)
- Ability to advance an endeavor (“well-positioned” to execute the proposed endeavor)
- On balance, it would be in the national interest to waive the job offer (DOL certification process)
Get Help From an Experienced National Interest Waiver Attorney
Like other employment-based visas, those who are admitted under the EB-2 NIW can also apply to have their spouses and unmarried children enter the U.S. Before undertaking the complicated NIW application process, you should speak to an experienced immigration attorney. Contact NexGenMigrant online to learn more, or call us today at (469) 454-2596.
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