EB-2 with a National Interest Waiver

The EB-2 visa with a National Interest Waiver (NIW) is for those who qualify for the EB-2 (advanced degree or exceptional ability) and who work in a field that is of national importance and will provide a substantial benefit to the United States. You can read about the EB-2 visa here. Next, the foreign national must prove that he or she is well-positioned to advance the proposed endeavor, which is the field and job the foreign national will work when in the US. A major benefit for the National Interest Waiver is the foreign national does not need a job offer or sponsor. However, the foreign national must still be coming to the US to work in his or her field. This is shown in a future plan.

First, to determine national importance, USCIS considers the field’s potential prospective impact by evaluating the impact on the entire US. Evidence to prove this include documentation that the work in the field has national or global implications within the field, has significant potential to employ US workers or has some other economic effect, will broadly enhance societal welfare or cultural or artistic enrichment and impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.

Second, to prove substantial merit, documentation showing that the field provides some benefit, including innovation or that the US is ahead in innovation or falling behind in innovation. Examples of proof include news articles, journal articles, and letters of recommendation.

Third, for the well-positioned prong, the evidence comes from the foreign national. This is the most document-heavy prong. Examples of proof for this prong include publications and citation count, government funding, membership in a professional group or association, awards, published materials about the foreign national’s work, patents, contracts, others who rely on the foreign national’s work, evidence showing that the foreign national played a leading or critical role at a distinguished organization, and letters of recommendation.

Finally, the foreign national must demonstrate that, on balance, it would be beneficial to the US to waive the requirements of a job offer and thus of a labor certification. USCIS uses this prong to deny a lot of petitions and can be difficult to overcome without help from an experienced lawyer.

Contact us, and we can help with your EB-2/NIW petition. These petitions are often plagued by hidden difficulties and technicalities. We have filed thousands of these petitions, so we have experience in the evolution of USCIS requirements.