EB2 National Interest Waiver

Learn About EB2 NIW Requirements And Eligibility Criteria

Introduction

The National Interest Waiver (NIW) is available to foreign nationals of exceptional ability in the sciences, arts, or business, and advanced degreed professionals.

The National Interest Waiver is a procedure to bypass the cumbersome labor certification process which ordinarily is a prerequisite in obtaining permanent residence through the EB2 employment based green card category.

VisaPro’s experienced immigration attorneys will prepare and file all the required documents for foreign professionals with advanced degrees, persons of exceptional ability, and a U.S. sponsor applying for Permanent Residence (Green Card).

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EB2 National Interest Waiver (NIW) Eligibility – It Is Suitable For:

  • Foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially prospectively benefit the U.S. national interest

EB2 National Interest Waiver Benefits

  1. You do not require a Labor Certification
  2. You can file your green card petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf (self-petition)

EB2 National Interest Waiver Requirements

A. Person With Exceptional Ability or Advanced Degree Holder

You must be a person with exceptional ability in the sciences, arts, or business, or an advanced degree holder

1. Person With Exceptional Ability

To be classified as a person with exceptional ability, you must provide documented proof of at least three of the following:

a. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability

b. Letters documenting at least ten years of full-time experience

c. A license to practice the profession or certification for a particular profession or occupation

d. Evidence that you command a salary or other remuneration for services which demonstrates exceptional ability

e. Membership in professional associations

f. Documents which prove recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations

If the above standards do not apply, the USCIS may also accept other comparable evidence of eligibility.

2. Persons Holding Advanced Degrees

To be classified as a person holding an advanced degree, you must possess a master’s degree or a bachelor’s degree with at least five years progressive post-bachelor degree experience.

B. Your Occupation Is In The National Interest

The term “National Interest” has not been defined in the statute. However, the Administrative Appeals Office of the USCIS set forth a list of factors that are to be considered in applying the national interest test to foreign nationals.

Factors that may be considered in determining national interest include, but are not limited to:

  1. Improving the U.S. economy
  2. Improving wages and working conditions of U.S. workers
  3. Improving education and training programs for U.S. children and under qualified workers
  4. Improving health care
  5. Providing affordable housing in the U.S.
  6. Improving the environment
  7. Request from an interested U.S. government agency
C. Unique Knowledge And Abilities

You must possess unique knowledge or abilities that set you apart from other professionals and you will use these attributes in activities that will significantly benefit the Nation.

D. Adversely Affects The Nation

The national interest must be adversely affected if a labor certification were required. You must submit sufficient proof that your contribution is significant, and the time taken for traditional labor certification process would severely impair national interest.


EB2 National Interest Waiver Notes

  • Foreign nationals in the process of adjusting their Immigration Status, who are planning to travel abroad, must obtain advance permission prior to leaving the U.S in order to return to the U.S.
  • U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
  • U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.
    Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.

EB2 NIW Fees

Filing Fee – Regular $1,925
VisaPro Processing Time1 Week


What VisaPro Customers Are Saying

I am pleased to write a review of my experience with Visapro, who helped me get my green card. I discovered Visapro with a web search and arranged an interview with [the Attorney], who quickly ascertained upon reviewing my CV that I wasting my time exploring an O-1 visa but rather I should be looking at the EB-1 category: Alien of Extraordinary Ability. Overall this is a great team who really know what they are doing. One cannot go wrong in using them for your visa needs.

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