EB-2 NIW

The EB-2 NIW (National Interest Waiver) is an employment-based immigrant visa category in the United States that allows individuals to self-petition for a green card without a job offer and labor certification. For this, you must prove beyond doubt that your extraordinary ability is in the United States' interest.

The EB-2 NIW is designed for professionals with exceptional ability in their field or those who can demonstrate that their work is in the national interest of the United States. It allows them to bypass the labor certification process and the requirement of a job offer from a US employer.

• The beneficiary of an NIW petition must qualify as either an "Advanced Degree Professional" or an "Alien of Exceptional Ability:"
• Advanced Degree: The applicant must possess one or more advanced degrees (beyond a bachelor's degree or its equivalent, such as a Master's degree, Ph.D. Juris Doctor (JD or law degree), MD (medicine)., or foreign equivalent) in a specific field of expertise; alternatively, the applicant may have a bachelor's degree or its equivalent with at least five years of progressive work experience in the field.
• Exceptional Ability: The applicant must demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability refers to a level of expertise significantly above that which is ordinarily encountered in the field. Evidence such as academic degrees, publications, awards, patents, or other achievements may be submitted to establish exceptional ability.
• National Interest: The applicant must demonstrate that their work is in the national interest of the United States. This means the applicant's work has both substantial merit and national importance. The applicant must provide evidence of their contributions, such as published research, testimonials, citations, conference presentations, or support letters from experts in the field.
• The applicant must demonstrate that he or he is well-positioned to advance the proposed endeavor successfully.
• Waiver of Job Offer and Labor Certification: The applicant must prove it would be beneficial to the United States to waive the job offer and, thus, the permanent labor certification requirements. Unlike other employment-based visas, the EB-2 NIW does not require a job offer from a US employer or labor certification from the US Department of Labor. This provides flexibility for individuals to self-petition for a green card based on their own qualifications and contributions.

The EB-2 NIW allows individuals to self-petition for a green card without the need for a job offer or employer sponsorship. This provides greater independence and flexibility in pursuing permanent residency in the United States.