The EB-2 National Interest Waiver Petition is a subcategory of the Employment Based Second Preference category of employment visa. It is reserved for professionals with an advanced degree or its foreign equivalent (a baccalaureate degree plus 5 years of post-baccalaureate, progressive work experience) or exceptional ability in the sciences, arts, or business. It allows professionals to self-petition without a job offer or Permanent Labor Certification.
Exceptional Ability
To show you have exceptional ability, you must meet 3 of the 6 criteria below:
• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters from current or Former employers documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.
Employment Based Immigration
National Interest Waiver (NIW)
EB-2 Petitioners who request a National Interest Waiver of the job offer and permanent labor certification must have the following:
• A proposed endeavor that has both substantial merit and national importance.
• That you are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
The Green Card Process
With an EB-2 NIW approved, the foreign national can become a lawful permanent resident. If there is a visa immediately available and he or she is in the United States with a valid, non-immigrant status, he or she can apply for a green card (Form I-485) with the petition. This is called concurrent filing.
If the foreign national is outside the United States, he or she can apply for an immigrant visa abroad (DS 260). This is called Consular Process. The foreign national’s spouse and eligible children can also immigrate as lawful permanent residents.
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