What is the EB2 NIW Visa?
An EB2 NIW “National Interest Waiver” visa is an employment based, second preference visa that foreign nationals may undergo to receive a green card in the United States. In most cases, foreign nationals must be first sponsored by another individual in order to apply for a green card. In regard to employment -based petitions, these musts be filed by the foreign nationals employer in most cases. However, with the National Interest Waiver, some individuals may self-petition.
EB2 NIW has many benefits that make it easier for the foreign national to undergo the green card process. It waives the job offer and labor certification requirement, however the individual must prove that they are of national interest in the United States, and they are extremely skilled in their professional field. They must prove that they will perform the same work that they had previously listed on the receipt of their green card and that this work is within the national interest of the United States. There is a specific criterion that must be met in their respected field of work in order for the qualified individual to meet the requirements of EB2 NIW.
The first requirement is that the alien must show that his/her proposed endeavor is considered to have substantial merit and national importance. The second requirement is that the foreign national must be able to advance the proposed endeavor. The final requirement is that the applicant must present evidence that the U.S. would benefit on balance to waive the job offer criteria for an EB-2.
There are many fields that have national importance. Healthcare, business, education, technology, etc. What this means is that the government provides many opportunities to recruit the very best in various fields from around the world. The foreign national just needs to think about how their work may impact the United States nationally. Proof of advanced degrees, 5+ years of experience within the specialized field, licenses practicing within the field, recommendation letters from employers, certificates of achievements, and membership participation are all excellent examples of showcasing ones abilities or skill within their respective field.
The second prong is a little easier to accomplish once the first prong has been met. This is because the foreign national may show that they can use their knowledge and experience to help in their field of work. However, even proposing innovative ways of solving problems in their field of expertise may help meet this requirement. This is because all fields of endeavor are always changing and looking to be more efficient.
The last prong calls for the foreign national to show that their work will benefit the United States. This does not mean that their work will succeed. It just means that it has the potential of benefiting the United States.
Lastly, the EB-2 NIW visa allows the family members of the applicant to accompany them to the United Stated. This benefit is extended to the applicant's spouse and children, so long as they are below the age that the United States has set at the time of applying.
Attorney Ramona Kennedy is a qualified lawyer who has been representing clients for this visa category and as of 09/09/2021 all the applications on this category with United States Citizenship and Immigration Services (USCIS) have been approved. The initial case evaluation is free of charge. It is vital that you contact our office, as we are passionate in assisting you with your specific case. Contact our law office today via phone or WhatsApp at +1(949)-677-0063 or email [email protected]