Qualifications of the EB2 NIW (National Interest Waiver)


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 only qualifications necessary for the EB-2 category include earnings of an advanced degree, 5+ year experience in a specialized field, and 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 benefits that are 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, improve working conditions and wages, improve the environment, provide affordable housing, etc. In addition, the applicant admission to the United States must be granted and requested by a government agency within the U.S.

There are great benefits of EB-2 (NIW) which make it a suitable visa for various applicants.

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 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 an experienced attorney in order to better understand your specific case and its needs.

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 +(949)-677 -0063 or email: [email protected]

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