EB-2 NIW – NATIONAL INTEREST WAIVER

EB-2 NIW (National Interest Waiver) This is a special branch of the EB-2 program in which eligible individuals can request a waiver from USCIS regarding the following requirements:

• Job offer from a US employer;
• PERM labor certification.

In particular, EB-2 NIW applications may be self-application, This means that foreigners can directly submit Form I-140 to USCIS without necessarily having a U.S. company sponsoring them.

However, meeting the EB-2 requirements does not automatically guarantee approval of the NIW. USCIS considers the National Interest Waiver criteria separately, and applicants must demonstrate full compliance with all three requirements under the Dhanasar analysis framework.

Who is eligible for the EB-2 NIW visa?

The EB-2 NIW may be suitable for applicants with significant educational backgrounds, experience, and professional achievements, especially those planning career advancement or undertaking a specific task. construction Specifically in the United States.

Some common categories of applications that may be considered include:

• Business owners, managers, and business professionals;
• Engineers, technology and IT professionals;
• Financial, accounting, and management experts;
• Researcher, scientist;
• Medical professionals;
• Education expert;
• Experts in the field of engineering;
• Experts with outstanding professional achievements;
• The entrepreneur plans to expand his business operations in the United States.;
• Experts who have made significant contributions or achievements in their field of expertise.

Note: A high-level occupation or degree does not automatically guarantee eligibility for the EB-2 NIW. Applications must be evaluated holistically based on qualifications, achievements, plans for activity in the U.S., and supporting evidence.

3 IMPORTANT CRITERIA FOR EB-2 NIW

According to the USCIS assessment framework based on Matter of Dhanasar, Applicants need to demonstrate three main points:

1️⃣ Proposed Endeavor has significant value and national importance.

Applicants need to clearly identify the activity or project they intend to undertake in the United States and provide evidence demonstrating that activity. solid merit and national area.

USCIS may consider proposed endeavors in a variety of fields such as business, entrepreneurship, science, technology, education, healthcare, culture, and others.

2️⃣ The candidate is in a favorable position to perform the Proposed Endeavor.

The application should demonstrate that the candidate has the appropriate background to execute the plan, possibly through:

• Educational level;
• Professional experience;
• Skills and knowledge;
• Professional achievements;
• Projects that have been completed;
• Achievements or awards;
• Research records, publications, or intellectual property rights, if any;
• Future action plan;
• Interest from customers, partners, investors, or related organizations, if any.

USCIS considers all of these factors together to assess whether an applicant is suitable. well positioned to advance the proposed endeavor or not.

3️⃣ The waiver of Job Offers and PERM benefits the United States.

Applicants need to demonstrate that, overall, waiving the Job Offer and Labor Certification requirements would benefit the United States.

This is one of the key points that distinguishes the EB-2 NIW from a regular EB-2.

ADVANTAGES OF EB-2 NIW

🥇 Capable of handling orders independently

Unlike many traditional employment-based immigration applications, the EB-2 NIW allows eligible individuals to file Form I-140 themselves without needing a U.S. business to sponsor them.

🥈 It is possible to request a waiver of the Job Offer.

NIW applicants may request a waiver of the Job Offer requirement from USCIS if they meet the criteria of the National Interest Waiver.

🥉 Perm exemption may apply.

Applying for an NIW may also waive the Labor Certification/PERM requirement. USCIS recognizes NIW as a mechanism to waive the Job Offer and Labor Certification requirements if eligibility is met.

👨‍👩‍👧‍👦 Families can come along

Spouses and unmarried children under 21 years of age may be eligible for dependent benefits under the provisions applicable to employment-based immigration.

🇺🇸 Towards US Permanent Residency

The EB-2 visa is an employment-based immigration visa. Once the immigrant visa is granted and the relevant conditions are met, the applicant and eligible dependents can progress to permanent resident status in the United States. The U.S. Department of State establishes the employment-based immigration visa system with five priority groups and allows certain spouses and children to accompany or follow-to-join.

Regular EB-2 and EB-2 NIW

Note: EB-2 NIW is not a completely independent program from EB-2. Applicants must first demonstrate that they belong to the EB-2 eligibility group before their NIW request can be considered.

WHAT DOCUMENTS ARE NEEDED FOR AN EB-2 NIW APPLICATION?

Depending on the case, the file may include:

Personal profile

• Passport;
• Birth certificate;
• Marriage certificate, if applicable;
• Family records;
• Criminal record certificate and related documents.

Educational profile

• University degree;
• Master's/doctoral degree, if applicable;
• Scoreboard;
• Provide equivalent qualifications if required;
• Professional certifications.

Professional profile

• CV/Resume;
• Employment contract;
• Verify experience;
• Appointment decision;
• Job description;
• Business documents if you are a business owner.

Documents proving achievements

Depending on the case, this may include:

• Prize;
• Professional certification;
• Articles, research papers;
• Scientific publications;
• Patent;
• Projects that have been completed;
• Business performance;
• Revenue or scale of operations;
• Letter of professional recommendation;
• Documents demonstrating influence or contribution in the field.

Proposed Endeavor

This is a particularly important part of the EB-2 NIW, and may include:

• Plan of operations in the United States;
• Describe the area of expertise;
• Career goals;
• Business Plan, if suitable;
• Project development plan;
• Documentation demonstrating market demand;
• Documentation demonstrating the expected impact of the operation in the United States.