EB-2 NIW (National Interest Waiver)
Achieve Your Green Card Through the EB-2 NIW visa
If you have a bachelor's degree and more than 5 years of professional experience, you may be eligible for a green card through the EB-2 NIW visa (National Interest Waiver).
The advantage of the EB-2 NIW visa is that you do NOT need an employer to sponsor your green card. You can apply on your own (self-petition).
Get in touch with us and we will do a free evaluation of our case.
What is the EB-2 NIW Visa?
The EB2 NIW (National Interest Waiver) visa is an employment-based visa that allows highly skilled individuals to obtain permanent residency (green cards) in the United States without employer sponsorship or labor certification.
This visa is part of the second preference category (EB-2) for individuals who have advanced degrees or exceptional abilities. The NIW criteria allows applicants to bypass the usual job offer requirement if they can demonstrate that their work is in the national interest of the United States.
Eligibility for the EB-2 NIW Visa:
Advanced Degree: You must have an advanced degree (master's degree or higher) or a bachelor's degree plus five years of progressive work experience in the field. OR
Exceptional Ability: Alternatively, you may qualify if you have exceptional ability in the sciences, arts, or business, meaning a degree of expertise significantly above that typically found in your field.
Criteria for the EB-2 NIW - National interest waiver
Substantial merit and national importance: Your proposed plan must have substantial merit and national importance. This means that your work must benefit the U.S. economy, improve wages and working conditions, promote education and training programs, improve health care, provide more affordable housing, improve the environment, or benefit a U.S. government agency.
Well-positioned to advance the proposed plan: You must demonstrate that you are well-positioned to advance the proposed effort. This can be demonstrated through your education, skills, knowledge, track record of success, a plan for future activities, and any progress made toward achieving your goals.
Balance of Criteria: You must demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. This involves showing that the national interest would be adversely affected if labor certification were required.
Benefits of the EB2 NIW
Self-Petition: Unlike other employment-based visas, you can self-petition for an NIW, which means you don’t need an employer to sponsor you.
No Labor Certification: The labor certification process (PERM), which can be expensive and time-consuming, is waived. This significantly simplifies the application process.
Flexibility: Since you are not tied to a specific employer, you have greater flexibility in pursuing your career goals in the U.S. You can change jobs or start your own business without affecting your immigration status.
Extensive to Family: The green card extends to your spouse and any unmarried children under the age of 21.