- WHAT IS THE
VISAS EB-2 NIW
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Our commitment is to make the process clearer, more humane and bearable, reducing the emotional burden and times of uncertainty. Because your future deserves to be built with confidence, and we are here to walk with you, step by step.
What is the EB-2 National Interest Waiver?
An EB2-NIW is an immigrant visa that grants a foreign national lawful permanent residence in the U.S. without the requirement of a job offer. The job offer requirement does not apply if the applicant can demonstrate that permanent residence in the U.S. would be in the “national interest” and would benefit the country.
WHO CAN APPLY FOR AN EB-2 NIW?
Yes, the two are very different in terms of their requirements, processing times and the documentation required for each. In general, an EB2 or other employment-based visas require a formal job offer for the applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
An EB2 with NIW, on the other hand, does not require any offer of employment. The applicant is not required to go through the labor certification process with the Department of Labor. This is provided that the petitioner (applicant) can prove that his or her admission to the United States would be of national benefit.
WHO CAN APPLY FOR AN EB-2 NIW?
Any foreign national may apply for an EB2-NIW visa. An immigration attorney can complete a strong application package that verifies all requirements and presents the appropriate legal arguments. An applicant does not need an employer.
The EB2 National Interest Waiver eliminates the need for labor certification from the Department of Labor. Labor certification can be costly and time consuming to obtain. This visa also eliminates the requirement for a job offer. However, all other “entry” requirements must be met to be eligible for the visa.
WHAT ARE THE EDUCATIONAL REQUIREMENTS FOR AN EB-2 NIW?
The EB2-NIW visa is available to foreign nationals who have obtained an advanced degree or its foreign equivalent in a professional field. These individuals may also meet this educational requirement with a bachelor's degree and at least 5 years of progressive experience in their field. Individuals who demonstrate exceptional ability in fields such as science, technology, mathematics, engineering, arts, business, etc., also qualify for this visa.
An immigration attorney well versed in immigration law can best evaluate a candidate's professional background to determine in which category the candidate best qualifies.
WHAT CONSTITUTES AN ADVANCED DEGREE?
An advanced degree under the EB2-NIW framework is a degree or qualification higher than a bachelor's degree. The applicant can obtain this in the U.S. from a recognized U.S. college or university or a foreign equivalent of a U.S. advanced degree.
WHAT IF THE APPLICANT HAS ONLY A BACHELOR'S DEGREE WITH NO OTHER ADVANCED DEGREE?
The USCIS office requires a master's degree or other advanced degree. If a foreign applicant only has a U.S. bachelor's degree or foreign equivalent, at least 5 years of post-bachelor's work experience in the specialized field will be required. If the foreign national applying for this visa also lacks the required work experience, he or she must demonstrate exceptional skills in his or her field to be successful in his or her visa application.
