EB-2 NIW

1. What is EB-2?

EB-2 stands for Employment-Based Second Preference, a category of employment-based visas for permanent residency in the United States. EB-2 visas are intended for individuals with advanced degrees or exceptional ability in their respective fields.

2. What is NIW?

NIW stands for National Interest Waiver, which is a specific way to apply under the EB-2 category. It allows certain individuals to bypass the labor certification process (PERM) and the usual requirement of a permanent job offer from a U.S. employer, if their work is considered to be in the national interest of the United States.

In an NIW case, you must show that your work provides significant benefits to the United States, and that it is in the national interest to waive the normal requirements of a job offer and labor certification.

3. The NIW Process

In a typical NIW case, you will go through several key steps:

(1) Establish Eligibility

You need to show that your field of work has substantial intrinsic merit and national importance.

(2) Show Evidence of Impact

You should provide evidence that your work has a substantial impact on the field, and that its benefits go beyond the usual scope of your job or position.

(3) Request the Waiver

In your Form I-140 petition, you must formally request a national interest waiver and clearly explain why the normal labor certification and job offer requirements should be waived.

(4) Prepare Supporting Documentation

You will compile evidence such as publications, citations, awards, media reports, conference presentations, letters of recommendation, and other materials that show your exceptional ability and the national interest served by your work.

(5) USCIS Evaluation and Adjudication

U.S. Citizenship and Immigration Services (USCIS) will review your petition and evidence to decide whether you meet the criteria for a national interest waiver. If your NIW petition is approved, you may then move to the next step of the EB-2 process, such as adjustment of status in the U.S. or consular processing abroad, depending on your situation.