The EB-2 NIW visa is available for foreign nationals who are successful businessmen or businesswomen and will also show they have a business, project, or endeavor that will serve the national interests of the United States. Individuals may self-petition for an EB-2 NIW visa without any employer sponsorship. While it still requires individuals to demonstrate a certain level of skill, the threshold for the qualifications of the EB-2 NIW visa.
Advantages of EB-2 NIW
The key advantages to foreign applicants include:
- Current visa: Foreign applicants gaining USCIS’s approval can apply for an immigrant visa or adjustment of status without waiting for their visa to become current. The word “current” implies that no backlog exists in the EB-2 NIW category.
- 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.