Robert Abreu
ABREU LAW is a U.S. immigration law firm dedicated to the representation of individuals in I-140 immigrant petitions.
What is EB2-NIW VISA?
The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW (National Interest Waiver) stands for “national interest waiver.” This significates that the U.S. government will waive the requirement for a job offer.
The U.S. Department of Labor will grant authorization to employ a foreign national if the foreign national’s proposed endeavor will benefit the U.S. Therefore, a qualified individual can “self-apply” and obtain permanent residency (Green Card) in the U.S. based on his or her own professional experience and skills.
Benefits of the EB2-NIW VISA
- Access to a faster path to permanent residence: EB-2 Visa applicants can calificate for permanent residency faster than other immigrant visa categories.
- Labor Certification Exemption: In some cases, EB-2 visa applicants may be exempt from having to obtain a labor certification.
- Job Opportunities: Upon receiving the EB-2 Visa, applicants can work in the United States in their field of specialization and have the opportunity to grow in their career.
- Access to social security and health care benefits: EB-2 Visa holders are eligible for the same social security and health care benefits as U.S. citizens.
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How to obtain the EB2-NIW visa?
Those who hold advanced degrees:
- An official academic record showing that the Beneficiary has an advanced (graduate) degree from the U.S. (or equivalent foreign degree); or
- An official academic record showing that the Beneficiary has a U.S. bachelor's degree (or equivalent foreign degree), examples include an official transcript showing dates of attendance, courses completed, areas of study and date degree was earned, and evidence in the form of letters from current or former employers showing that the Beneficiary has at least five (5) years of progressive work experience in his or her career.
For those with exceptional aptitudes:
- Evidence of exceptional ability in the sciences, arts or business, meeting at least three (3) of the following criteria:
- Official academic record showing that the Beneficiary has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning related to the Beneficiary’s area of exceptional ability;
- Letters documenting at least 10 years of full-time experience in the Beneficiary’s occupation;
- License to practice the occupation or certification of profession or trade;
- Evidence that the Beneficiary has drawn a salary or other remuneration for services demonstrating exceptional ability;
- Membership in a professional association(s);
- Recognition for significant achievements and contributions to the industry or field by peers, governmental entities, professional or trade organizations;
- Other comparable evidence of eligibility is also acceptable;
In both cases, the beneficiary has to prove his or her request:
- It is of substantial merit and national importance to the United States,
- The Grantee is well positioned to advance the proposal, and
- It would be beneficial for the U.S. to waive the requirements of a job offer and, therefore, a labor certification and proceed to grant a Green Card to the Beneficiary.
Frequently Asked Questions
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.
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 petitioner 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.
Any foreign national may apply for an EB2-NIW visa. An immigration attorney can complete a solid application package that verifies all requirements and presents the appropriate legal arguments. An applicant does not need an employer.
The EB2 National Interest Waiver precludes the need for a labor certification from the Department of Labor. Labor certification can be costly and time consuming to obtain. This visa also eliminates the requirement for an offer of employment. However, all other “entry” requirements must be met to be eligible for the visa.
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 abilities 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.
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.
La oficina de USCIS requiere una maestría u otro título avanzado. Si un solicitante extranjero solo tiene una licenciatura de los EE. UU. o su equivalente extranjero, se requerirán al menos 5 años de experiencia laboral posterior a la licenciatura en el campo especializado. Si el ciudadano extranjero que solicita esta visa también carece de la experiencia laboral requerida, deberá demostrar habilidades excepcionales en su campo para tener éxito en su solicitud de visa.