What is EB2-NIW?
EB2-NIW stands for Employment-Based Immigration: Second Preference – National Interest Waiver. The EB-2 NIW visa is for foreign nationals who are highly skilled or hold advanced degrees and will show they have a project or endeavor that will serve the national interests of the United States & Individuals may self-petition for an EB-2 NIW visa.
What is NIW?
National Interest Waiver (NIW): the labor certification required for EB2 is waived because it is in the interest of the United States, which means no employer is required. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers 3 factors below:
- The proposed endeavor has both substantial merit and national importance.
- You are well-positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Is the EB2-NIW the same as a green card?
Yes, the EB2-NIW is Employment-Based Immigration: Second Preference and it allows permanent residency in the United States, also known as a green card.
How do I qualify for the EB2-NIW?
You must have at least 3 of the below requirements to qualify for the NIW, but qualifying doesn’t necessarily mean a high chance of approval.
- Degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the foreign applicant’s area of exceptional ability
- 10 years of full-time experience in the foreign applicant’s occupation
- A license to practice a profession or certification
- Evidence documenting that the foreign applicant has commanded a high salary or other remuneration for services
- Membership in a professional association(s)
- Recognition for the foreign applicant’s achievements and significant contributions to his/her field by peers, government entities, professional or business organizations
- Any other comparable evidence of eligibility
Is it difficult to qualify for the EB2-NIW?
Getting approved for any kind of immigration visa in the United States is a difficult process. However, once you qualify for the EB2-NIW, there are steps you can take to increase your chances of approval.
Does the EB2 Require a job offer?
EB2 visa requires a job offer in the United States. However, The EB2 has an NIW category which stands for National Interest Waiver which can waive the requirement of a job offer for this visa.
What is the evaluation based on?
First, we identify if the candidate qualifies for the visa. Then, based on our experience with many different cases, we estimate a percentage of the chances of approval. This can depend on many factors such as Substantial Merit, National Importance & Well-positioned to Advance the Proposed Endeavor.
What are the advantages of EB2-NIW?
- Waiver of the job offer requirement: Foreign nationals can self-petition and a job offer is not required for NIW eligibility.
- Waiver of the labor certification requirement: The labor certification requirement does not apply to the EB-2 NIW category.
- The foreign applicant’s spouse and children under 21 as derivatives can also gain U.S. permanent residency under the EB-2 NIW category.
- The threshold for the basic qualifications of the EB-2 NIW visa is much lower than for an EB-1A visa.
Similar to all immigration processes around the world, this too, can be overwhelming if you have no experience in this area. Therefore, it is highly recommended to consult with law firms. However, the first step would be to complete a CV with all your accomplishments throughout the years and then send it to us to be evaluated according to the criteria mentioned.
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