Everything You Need to Know About the EB2 NIW Visa

The EB2 visa with National Interest Waiver (NIW) is an attractive option for highly qualified professionals who wish to live and work in the United States. Unlike other employment visas, the NIW allows applicants to request a waiver of the job offer and labor certification requirements if they can demonstrate that their work significantly benefits the U.S.

What is the EB2 NIW Visa?

The EB2 NIW visa is a subcategory of the EB2 visa, intended for individuals with exceptional abilities or advanced degrees, whose work has a positive and significant impact on the nation. This waiver is particularly useful for those conducting innovative research, developing advanced technologies, or significantly contributing to fields such as medicine, education, and economics.

Requirements for the EB2 NIW Visa

1. Exceptional Abilities or Advanced Degree:

• Exceptional Abilities: Demonstrate skills significantly above the norm in fields such as science, arts, education, business, or sports.

• Advanced Degree: Hold a degree higher than a bachelor's or a bachelor's degree with at least five years of progressive experience in the field.

1. Substantial Benefit to the U.S.:

• Demonstrate that your work has an intrinsic and substantial benefit to the United States.

• Example: A researcher developing a new medical technology that improves public health.

1. National Interest:

• Prove that your work is of national importance and that the benefits of waiving the labor certification outweigh any potential drawbacks to the U.S.

• Example: An economist whose research helps formulate national economic policies.
  

Application Process

1. Filing Form I-140:

• You can file the petition yourself without the need for a sponsoring employer.

• Include evidence of your exceptional abilities or advanced degree and how your work benefits the U.S.

1. Additional Evidence:

• Academic evaluations, Letters of recommendation from experts in your field and Professional Plans.

• Publications, awards, patents, and other achievements supporting your skills and contributions.

1. Adjustment of Status or Consular Processing:

• Once the I-140 petition is approved, you can apply for adjustment of status if you are already in the U.S., or consular processing at a U.S. embassy or consulate in your home country.

Benefits of the EB2 NIW Visa

• Permanent Residency: Leads to obtaining a Green Card.

• No Job Offer Required: You can self-petition without relying on a specific employer.

• Family Benefits: Spouse and children under 21 can obtain permanent residency.

The EB2 NIW visa is an excellent option

For professionals who can demonstrate that their work is in the national interest of the United States. If you meet the requirements, this type of visa can offer you a direct path to a new and prosperous life in the U.S. It is always advisable to consult with an immigration attorney to ensure your application meets all criteria and is as strong as possible.