What is the EB-2 Visa?

The EB-2 visa is a crucial employment-based green card category designed for individuals who either possess advanced degrees or have demonstrated exceptional abilities in the fields of sciences, arts, or business. This visa category is notably segmented into three distinct subcategories:

• Advanced Degree: The applicant must possess a degree beyond a baccalaureate (or a baccalaureate degree plus at least five years of progressive experience in their field) that is relevant to the job they are offered in the U.S.
• Exceptional Ability: This involves possessing a degree of expertise significantly above that ordinarily encountered within the sciences, arts, or business.
• National Interest Waiver (NIW): This is available to those who meet either of the first two categories and whose employment in the United States would greatly benefit the nation.

For most applicants, securing an EB-2 visa typically necessitates a U.S. employer who will act as a petitioner. This process involves:

• Job Offer: The applicant must have a permanent job offer in the U.S.
• Labor Certification: The employer must obtain a labor certification from the Department of Labor, a process that proves no qualified U.S. workers are available for the role, thereby necessitating the hiring of a foreign worker.

If you believe you qualify for the EB-2 visa, or if you need professional advice on how to proceed, don’t hesitate to reach out. At IBP Immigration Law, our skilled immigration attorney is committed to guiding you through every step of your immigration journey.

The National Interest Waiver

The National Interest Waiver (NIW) is a compelling option within the EB-2 visa category that allows individuals to request a waiver of the job offer and labor certification requirements by demonstrating that their employment would be of national interest to the United States. 

This waiver is particularly advantageous as it allows for self-petitioning, meaning the applicant does not need an employer to sponsor their green card. To secure a National Interest Waiver (NIW) under the EB-2 category, you must meet the criteria:

• Substantial Merit and National Importance: The proposed endeavor must be of significant value and contribute positively to the U.S., whether in a cultural, educational, economic, or other context.
• Well Positioned to Advance the Endeavor: The applicant must show that they are aptly suited to succeed in their proposed undertaking based on their education, skills, knowledge, and past achievements.
• National Benefit from Waiver: It should be evident that the advantages of waiving the traditional requirements outweigh the need for a labor certification process, based on the individual’s contributions to the U.S.

Various professionals typically utilize the NIW to expedite their U.S. immigration process. Common fields include:

• Technology: Innovators and tech experts who contribute to the U.S. tech industry’s growth or national security.
• Healthcare: Medical researchers and practitioners focusing on public health improvement or combating diseases.
• Engineering: Engineers involved in significant infrastructure projects or innovative research that impacts economic growth or public welfare.
• Education: Educators and researchers contributing to academic excellence and development in crucial educational fields.

IBP Immigration Law provides detailed assistance for those seeking an EB-2 visa via a National Interest Waiver. From assessing your qualifications to submitting your application, we ensure your case receives the attention it deserves. Learn about our clients’ success by visiting this page.

Challenges in Securing a NIW

Securing a National Interest Waiver (NIW) under the EB-2 visa category is challenging due to several factors:

• Strict Criteria: Demonstrating that your work has substantial merit and national importance requires extensive evidence and often expert opinions to substantiate the impact of your contributions.
• Proof of Impact: You must prove that your endeavor will significantly benefit the United States, which necessitates detailed documentation showing national scope and importance.
• Qualifications: Applicants must clearly demonstrate they are uniquely qualified to advance their proposed projects, which involves aligning their education, skills, and experiences with the goals of their endeavors.
• Legal Arguments: Arguing that the benefits of waiving job offer and labor certification requirements outweigh the traditional requirements involves complex legal briefs and a strong justification.
• Subjectivity: The NIW criteria can be interpreted variably by different adjudicators, adding an element of unpredictability to the application process.

These challenges underscore the complexity of the NIW application process and the need for meticulous preparation and professional legal assistance.

How Our Dedicated Immigration Lawyer Can Help

Selecting appropriate legal support is crucial in turning your professional aspirations into a successful U.S. residency story. IBP Immigration Law not only offers this support but advocates for your cause throughout the immigration process. We are committed to helping you achieve your objectives with professional clarity and legal insight. Reach out to us today to start your application for an EB-2 visa with a National Interest Waiver.