EB-2 National Interest Waiver
REQUIREMENTS
To qualify for the EB-2 green card category, the foreign national must meet at least one of the following:
- Advanced degree or equivalent in his/her intended field of employment
- Exceptional ability in his/her intended field of employment
An advanced degree is generally understood to be a doctoral (Ph.D.) or master’s degree.
In order to show exceptional ability, the foreign national must meet at least 3 of the 7 criteria below:
- University degree, diploma, or certificate in a field related to the stated field of exceptional ability
- At least 10 years of full-time experience in the stated field
- License or certification to practice in the stated field
- Membership in a professional association related to the stated field
- Salary or other remuneration that reflects exceptional ability in the stated field
- Recognition for achievements or other significant contributions to the industry or stated field
- Other comparable evidence of eligibility
To qualify for a national interest waiver, the foreign national must meet each of the following three requirements:
- His/her proposed endeavor in the field of stated exceptional ability has substantial merit and national importance
- He/she must be in a position to advanced the proposed endeavor
- The United States would, on balance, benefit from waiving the requirement of a job offer for the foreign national
WHERE:
- Substantial merit and national importance can refer to a field that is traditionally considered of high importance or has significant implications for future scientific or economic advancement. This could include industry-wide impacts, key innovations, spillover to other industries, etc.
- Position to advance the proposed endeavor can refer to the foreign national’s educational background, experience, relevant skills, or record of success in the stated field. It can help to have a detailed plan for present and future success as well.
- Benefit from waiving the requirement of a job offer can refer to the impracticality of requiring a job offer or an urgent need for the foreign national’s contributions, among other potential benefits.
PROCESS & TIMELINE
OVERVIEW
On average, it takes 8 – 16 weeks for Bay Immigration Law to prepare an EB-2 NIW case to file with United States Citizenship and Immigration Services.
Depending on the particulars of your background and situation and your near and long-term intentions, the process is generally as follows:
INTRODUCTION
We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed.
We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.
STEPS FOR SUCCESS
We will work with you to frame the ways that you meet the specific criteria to this petition category, including pursuing testimonials and other potential evidence of your accomplishments and recognition you have received for them.
ON COMPLETION
We will prepare your forms, letter of support, and evidence to create a complete case packet to be submitted to USCIS. Once everything is complete, we finalize the case packet and ship it to USCIS for processing.
Contact
FAQ
Yes, one of the main advantages of the EB-2 NIW petition category is that you do not need an employer to sponsor your petition.
You do not need to be currently employed to file an EB-2 NIW petition, though being employed in your field of stated exceptional ability helps with showing that you are in a “position to advance the proposed endeavor.”
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