What is it an EB-2 National Interest Waiver and who qualifies?
EB-2 National Interest Waiver (NIW) is an employment based immigrant visa pursued in lieu of the Labor Certification process. To be a candidate for an EB-2 NIW, the applicant must meet the requirements for EB-2 and demonstrate that his/her presence will substantially benefit the U.S. economy, cultural/educational interests or welfare. An applicant in this category does not need a job offer from a U.S. employer.
To successfully waive Labor Certification requirement under EB-2 NIW, the applicant must past a 3 prong test.
- The area of work must have “substantial intrinsic merit”
- Applicant’s work has applications of national scope
- Waiver of Labor Certification is justified by applicant’s work in the area, by the nature of his/her proven accomplishments and the potential for future contributions.
It is necessary for the applicant to show that their presence in the U.S. will benefit the country on a national scale. The applicant has to show evidence of past achievements and a degree of influence on their field as a whole. Evidence of such is included but not limited to:
- Membership in associations
- Published materials written by others about applicant’s work
- Published materials citing applicant’s work
- Documents establishing U.S. government funding of applicant’s work
Besides the economy, national interest can also include, among others: business competitiveness, health care, cultural awareness of Americans, affordable housing for young/elderly.
National Interests Waiver applications have strict qualifying elements and proving the applicant passes the above-mentioned 3 prong test can be difficult. An experienced attorney will be able to assess eligibility and ensure evidence presented is sufficient and convincing, and can apply legal research to present your case as analogous to previously approved cases.
To discuss National Interest Waiver (NIW) petitions and other types of employment based petitions with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.