EB2 National Interest Waiver (NIW) Visa

EB2 National Interest Waiver (NIW) visas are a variant of a normal EB2 visa. For a traditional EB2 visa you normally need a job offer from a US based employer and that employer must establish that there are no qualified U.S. workers for the employment role offered and obtain a PERM labor certification.

However, an EB2 NIW visa differs in that the job offer and labor certification is waived if you can prove that your work is in the national interest of the United States. Essentially, this type of visa is designed for people with advanced degrees or exceptional abilities to seek permanent residency without the need of a job offer.

This means that you can self-petition for this visa. However, this is oftentimes a complicated and cumbersome process that can be made much easier with the assistance of a skilled immigration attorney. Our attorneys at Premier Immigration Solutions, PLLC can guide you through the entire process, making sure you meet all of the eligibility criteria, all your documentation is done accurately and submitted timely, and help you deal with the United States Citizenship and Immigration Services (USCIS) throughout the entire process.

Qualifications for an EB2 NIW Visa

In order to qualify for an EB2 NIW visa, the USCIS has set forth some specific requirements for applicants. Typically, you must have an advanced degree in your field such as a master’s degree or PHD or be able to demonstrate exceptional ability in your field. Additionally, you must also be able to show that your work is in the national interest of the United States.

These requirements need to be evidenced and you need to prove that your work and residency will be in the national interest of the United States. This can require specific knowledge of what the USCIS wants to see. That’s where our immigration attorneys come in. They will be able to help you gather the evidence necessary and present it to the USCIS in a way that is compelling and shows your presence will be in the national interest.

Benefits of an EB2 NIW Visa

There are some distinct benefits of an EB2 NIW Visa including:

Individuals can apply for the EB2 NIW without the need for employer sponsorship. This gives you independence and you are not bound to a single employer.
There is no required labor certification like many other employment-based visas, potentially streamlining the application process
Once your application is approved, you establish your place in line with a priority date which can be beneficial when visa numbers are limited.
Successful applicants can live and work anywhere in the United States permanently and enjoy the benefits of U.S. residency.
An EB2 NIW visa offers a path to a permanent Green Card and the option to pursue U.S. citizenship eventually.

How to Apply for an EB2 NIW Visa

The application for an EB2 NIW visa can be complicated and time consuming, requiring you to determine your eligibility, fill out all the necessary USCIS application forms, and provide supporting documentation evidencing that your presence will be in the national interest of the United States, but you don’t have to do it alone. Our skilled immigration attorneys at Premier Immigration Solutions, PLLC can help.

Our attorneys can help you determine your eligibility and if you are a good candidate for an EB2 NIW visa and if so, will assist you with the application process. We will make sure all of your application forms are completed accurately and submitted timely along with all supporting documentation in a manner that will show your presence will be in the national interest as best as possible. We will also help you with any communication or interviews with USCIS. If you are interested in an EB2 NIW visa, contact Premier Immigration Solutions today!