The EB-2 National Interest Waiver, also known as (NIW), is an employment-based immigrant visa that falls under the second preference, as the first preference would be the extraordinary ability visa or EB-1 visa. This specific type of visa allows the applicant to seek a waiver of a permanent job offer along with certification of labor by proving that their admission into the United States as a permanent resident would be in the national interest of the nation, this allows for beneficiaries to self-petition. The EB-2 visa offers a way around the requirement of a job offer, which would be the case in applying for various other kinds of visas. In the case of the EB-2 program, the applicant does not need a job offer or labor certificate. The EB-2 visa allows the foreign national to submit a National Interest Waiver, or NIW for short.
- earnings of an advanced degree,
- 5+ year experience in a specialized field
- evidence of exceptional ability within a specialized field.
These qualifications may be proven by providing certificates of achievements, memberships, academic records, letters from employers, licenses of practice within the field, etc. A three-prong test in Matter of Dhanasar decision is also a part of the qualifications of EB-2 (NIW). This includes national importance as something that the applicant possesses, being able to advance the proposed endeavor is something that the applicant is capable of doing and possessing great within the national interest of the United States. These qualifications must be enough to prove that the applicant's admission to the United States will improve the economy as a whole, improve working conditions and wages, improve the environment, provide affordable housing, etc.
In addition, a government agency within the United States must grant and request the admission of the applicant coming to the US.
There is no labor certificate necessary, no employment offers necessary, no sponsor necessary, and the majority of visas are attainable in most countries which makes it a practical visa for someone who reaches the set qualifications. There are many great benefits that the EB-2 program offer to those who qualify. There is also no specific number of citations or publications required from the USCIS for an EB-2 (NIW), it is decided from case to case. This makes it very crucial to seek professional assistance from our immigration office in order to better understand your specific case and its needs
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
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