EB2 National Interest Waiver (NIW) Visa Requirements and Eligibility Criteria
The EB2 NIW visa, otherwise called a 2nd preference employment-based visa with a national interest waiver, helps highly skilled individuals obtain permanent residency in the US via a green card. These foreign nationals must have an advanced educational degree or exceptional abilities recognized in their fields.
While a normal EB2 visa applicant requires a job offer from a US employer and goes through the PERM labor certification process, EB2 NIW applicants can waive both requirements. This means you can self-petition without depending on an employer as your sponsor.
What’s best is that almost 1/3rd of EB visas issued yearly fall under the EB2 segment. Even better, the approval rate has been above 80% every year since 2021.
Note: EB2 NIW visa applicants must prove their skillset favors the national interest of the US, which is usually what makes it more challenging.
Let’s explore what an EB2 NIW visa is, its basic eligibility requirements, the national interest waiver criteria, and more.
What is an EB2 NIW Visa?
The EB2 NIW visa category allows individuals to bypass the traditional job offer and labor certification requirements if their work is deemed to be in the national interest of the US. This category presents a much quicker path for professionals whose expertise and contributions significantly benefit the country.
Moreover, the EB2 NIW visa takes a much shorter time to process your I-140 petition. Your high-level degrees or evidence of extraordinary abilities are sufficient for the USCIS and DOL to avoid verifying whether you’re affecting the US employment ecosystem by taking up vacancies that US citizens can fulfill.
This means you’re not dependent on securing a job offer before applying for the visa. Even better, it grants lifetime permanent residence via a US green card.
I have had a chance to discuss NIW requirements and criteria with It’s Ok Yaar and you can watch the entire video here: https://www.youtube.com/watch?v=RgVgLI9ezzY&t=10s
Eligibility Requirements for an EB2 NIW Visa
You’re going to need either an advanced degree or proof of your exceptional ability in business, technology, healthcare, science, or similar high-value fields. You’ll be in the driving seat for an EB2 NIW visa if you can validate how you’re well-positioned to bring forth a larger impact on the country’s economic and social conditions.
Advanced Degree
This includes an educational degree like a US master’s degree, Ph.D, or higher foreign equivalent degree. For those with only a bachelor’s degree, five years of post-baccalaureate work experience in their field suffices. You’ll be asked for:
Official academic records like transcripts and diplomas
Signed letters from your past and current employers confirming your work experience, roles, and achievements
Copies of any licenses or certifications mandatory for your line of work
2. Extraordinary Ability
You’ll need a superior level of knowledge and expertise beyond what’s standard in the business, arts, and sciences. Expect to submit documents like:
Official academic data as evidence for your advanced educational qualifications and certificates
Awards by universities and other institutions highlighting your high-level contributions and achievements
Signed letters documenting a bare minimum of 10 years of full-time experience in your occupation
Any necessary licenses to practice your occupation
Financial evidence that you’ve commanded a salary or other remuneration for services that are aligned with your exceptional ability
Lifetime memberships in coveted professional associations
Valid recognition by your peers, government entities, and business organizations for your contributions and prizes in your industry
We recommend submitting at least 3 of the above pointers. Furthermore, if there’s any additional evidence that’s equivalent or considered eligible, you must add it to your documents file.
Contact Sharma Law Associations for Assistance
National Interest Waiver Criteria for EB2
You can obtain a national interest waiver (NIW) only after meeting the following three criteria established by the USCIS. These criteria are often referred to as the “three-prong test” from the Matter of Dhanasar decision.
Substantial Merit and National Importance
Your proposal must have substantial merit, which you can show through your contributions to the above-mentioned fields. Be it an improvement in healthcare, improved cultural or educational intellect, or new technological advancement—its value must directly be of national importance.
2. Favorably Placed to Achieve the Proposed Endeavor
You must be strategically positioned to complete your proposal plan. Expect to submit a track record of your accomplishments in the field, relevant projects, and a clear plan of action for future activities. To add, you may’ve to submit documentation detailing your past successes.
3. Balancing Test
Whatever skillset or expertise you bring to the US must directly benefit the country. If it doesn’t, you won’t receive a waiver on the requirements of a job offer and labor certification. Try proving that your work is urgently needed and your skills aren’t common in the US.
What the USCIS basically wants here is for the NIW benefits to outweigh the certification benefits.
Extended Document List to Include in Your EB2 NIW Petition
Here’s some additional documentation you’ll need in your EB2 NIW Petition:
Presentations and Conferences: Documentation of presentations at conferences, seminars, or workshops
Media Coverage: Copies of media articles or reports about your work
Patents and Inventions: Evidence of intellectual property, patents, or inventions that you’ve developed
LORs From Experts in Your Field: Letters from recognized experts who can attest to your qualifications, contributions, and the significance of your work. These letters should be detailed, specific, and provide concrete examples of your contributions and their impact
Published Work: Copies of your published articles, books, research papers, or other work
Citations: Evidence showing how often your work has been cited by others in your field, demonstrating its influence and impact
The idea is to submit any material demonstrating your work in an area of national interest where the US needs assistance.
Conclusion
The next steps will involve filling out Form I-140 along with all supporting documentation for USCIS.
Remember to collect well-organized and compelling evidence with letters from credible sources who are recognized achievers in your field. Most importantly, present a clear, logical argument in your cover letter by explaining why your work is in the nation’s interest.
Speak to Expert EB2 NIW Visa Lawyers at Sharma Law Associates
