National Interest Waiver

The EB-2 NIW (National Interest Waiver) visa is an employment-based immigrant visa category in the United States. It is designed for foreign nationals who possess exceptional abilities or advanced degrees and whose work is deemed to be in the national interest of the United States. The key feature of the EB-2 NIW visa is the “waiver” of the standard labor certification requirement, which is typically necessary for most employment-based green card categories.
Here are the important details you need to keep in mind about the EB-2 NIW

Eligibility Criteria

Advanced Degree or Exceptional Ability: Applicants must have either an advanced degree (such as a master’s or Ph.D.) or a bachelor’s degree and 5 years of experience. Alternatively, applicants may demonstrate exceptional ability in their field, which could be demonstrated through significant achievements. The work or contributions of the applicant must be in the national interest of the United States. This is typically determined based on the applicant’s field of expertise and the potential benefits of their work to the country.

Labor Certification Waiver

One of the significant advantages of the EB-2 NIW visa is that it waives the requirement for a labor certification. This process, which is typically part of the green card application, involves proving that no qualified U.S. workers are available for the job. The NIW eliminates this step, making the process faster and more flexible.

Self-Petitioning

Foreign nationals can apply for the EB-2 NIW visa on their behalf. They do not need a specific job offer or employer sponsorship, a departure from many other employment-based green card categories.

National Interest Determination

To establish that the applicant's work is in the national interest, they typically must provide documentation and evidence demonstrating their work's significance and potential impact. This could include research, publications, awards, business plans, or letters of support from experts in the field.

Preference Category

The EB-2 NIW visa falls under the second preference category for employment-based visas. Visa numbers are subject to annual quotas, and applicants must wait for a visa number to become available before proceeding with the final stages of the green card application process.

Family Members

If the primary EB-2 NIW visa holder is approved, their spouse and unmarried children under 21 can also apply for green cards as derivative beneficiaries.

Path to Permanent Residency

The EB-2 NIW visa is typically a stepping stone to obtaining lawful permanent resident status (a green card) in the United States. After approval, applicants can file Form I-485 to adjust their status to permanent residents, or if they are outside the U.S., they can go through consular processing.

Assistance From Us

Initial Assessment and Eligibility

At Francis Law, we will begin your case by conducting a thorough assessment to determine your eligibility for the EB-2 NIW category. This assessment considers your advanced degree or exceptional abilities and how your work aligns with national interests.

Strategy and Documentation

We will develop a comprehensive strategy tailored to your case based on the assessment. We will guide you on the types of documentation and evidence required to demonstrate your achievements and the national interest aspect of your work.

Expert Legal Advice

At Francis Law, we will provide expert legal advice throughout the application process, ensuring your case adheres to immigration laws and regulations. Our in-depth knowledge of EB-2 NIW requirements can help you navigate the complexities of the process.

Waiver Request

As the EB-2 NIW involves waiving the labor certification requirement, we will help you articulate a compelling argument for why your work benefits the national interest.

Documentation Compilation

Furthermore, we will assist you in collecting and organizing the necessary documentation, including research publications, awards, recommendation letters, and other evidence of your accomplishments and contributions.

Filing and Submission

We will then guide you through preparing and submitting the EB-2 NIW petition to U.S. Citizenship and Immigration Services (USCIS), ensuring that all required forms and supporting materials are complete and submitted accurately and on time.

Path to Permanent Residency

Finally, when your EB-2 NIW petition is approved, our firm can further assist you in adjusting your status to become a lawful permanent resident (green card holder) in the United States.

Reach out to us Today

If you fall into the eligibility of the EB-2 NIW, then reach out to us for a consultation today! Everything in your application, from start to finish, will be catered to by us! It is time to make your employment immigration to the land of opportunities today!

Get Started

Navigate the complexities of immigration seamlessly. Our expert team at Francis Law is here to guide you every step of the way. Get Started Now and make your U.S. dreams a reality.

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