EB-2 National Interest Waiver (NIW) Petitions
The Employment Based Immigration 2nd Preference (EB-2) is for foreign nationals who have exceptional ability or hold advanced degree in their related fields. This application has two pathways: Standard EB-2 pathway, requires PERM OR EB-2 NIW Petitions. Find out if you qualify for the National Interest Waiver below and learn about your next steps.
Read about Frequently Asked Questions below.
What Is National Interest Waiver (NIW)?
The NIW is a specific immigrant pathway for those with exceptional ability or hold advanced degrees whose work is of the national interest of America. This qualification allows these certain individuals to bypass the standard process for Employment Based immigration such as needing a job offer or labor certification (PERM).
Am I Eligible to Apply?
Prong 1: Evidence that your Endeavor has Substantial Merit and National Importance
Prong 2: Evidence that you are Well-Positioned to Advance your Endeavor
Prong 3: Showcase that it would be Beneficial to the United States to Waive the Job Offer and thus the Permanent Labor Certification Requirements
General Process
EB-2 (NIW) Petitions
Qualifications: Advanced degree or Exceptional ability.
Eligibility:
(1) Provide evidence of U.S. degree above bachelor's (or foreign equivalent degree) and 5 years progress experience in specialty, occupation is a profession needing bachelor's degree
OR
(2) Person with Exceptional Ability must provide evidence for 3 of the 6 criteria, degree of expertise significantly above others in the specialty, and how it related to your proposed endeavor
Criteria: USCIS Criteria met: (3 out of 6)
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Degree, diploma, or certificate related to your field
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Letters from employers showing 10+ years of full time experience
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License or certification to practice the profession
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Evidence of high salary demonstrating exceptional ability
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Membership in professional associations
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Recognition by peers
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Government entities
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Professional organizations
Petition: NIW (Self Petition allowed)
1. Filing the I-140 Petition – Filing Form I-140 (Immigrant Petition for Alien Worker) & Supporting documents
2. USCIS Processing – Once filed, the petition is reviewed and approved by USCIS.
3. Consular Processing or Adjustment of Status –
- If applicant is outside the US: After I-140 Approval, Consular Processing will occur (Applying at US embassy / consulate)
- If applicant is already in the US: File form I-485 and final interview to adjust their status to permanent resident
FAQ
Who can sponsor EB-2 immigration?
U.S. Job Employer OR NIW Self-Petition
Do I need a PERM for EB-2 application?
Yes unless qualify for NIW (National Interest Waiver) for EB-2.