The EB-2 National Interest Waiver (NIW) is designed for individuals who possess advanced degrees or exceptional ability in their field and seek to contribute significantly to the U.S. national interest. This category allows applicants to bypass the standard requirement of employer sponsorship and the labor certification process if they can demonstrate that their work benefits the United States.
To qualify for the EB-2 NIW, applicants must meet the following requirements:
You must hold an advanced degree (master's or higher) or a bachelor's degree with at least five years of progressive work experience in your field.
If you do not possess an advanced degree, you can qualify by demonstrating exceptional ability in your field. This includes showing a degree of expertise significantly above that ordinarily encountered.
You must prove that your work has substantial intrinsic merit and national importance, and that waiving the job offer and labor certification requirements is in the national interest. The following criteria are generally considered:
Evidence that your work has a significant impact on your field.
A detailed description of your proposed endeavor and its benefits to the U.S.
Evidence that your contributions will benefit the national interest to a degree that justifies waiving the job offer and labor certification.
If you are uncertain about your profile's strength, you may choose to file the I-140 first and, once approved, file the I-485.
If you are uncertain about the strength of your profile, you can first file the I-140 and, upon approval, file the I-485. .
You can self-petition without needing an employer to sponsor you.
You can bypass the often lengthy labor certification process.
The EB-2 category typically has shorter waiting times than other employment-based categories.
Your spouse and children under age 21 can also file I-485 applications as part of your EB-2 NIW application.
Your spouse and children under age 21 can file their own I-485 Adjustment of Status Applications as dependents of your EB-2 NIW application, allowing them to obtain green cards as well.
