EB2 National Interest Waiver: Application Process and Requirements

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Key Takeaways:

The EB2 National Interest Waiver (EB2 NIW) is an immigration option for professionals with exceptional abilities that benefits the U.S.
The EB2 NIW allows individuals to bypass the labor certification process, provided they meet certain requirements.
The EB2 NIW eliminates the need for employer sponsorship, expediting the green card process for those with significant contributions in their fields.

Understanding the EB2 National Interest Waiver: A Pathway to U.S. Immigration

The world of immigration is teeming with opportunities, and among them is the esteemed EB2 National Interest Waiver (EB2 NIW). Understanding the depths of this pathway can open doors to many who aspire to live and work in the United States. This valuable immigration option is designed for professionals with exceptional abilities and whose employment in the U.S. would greatly benefit the nation.

What Is an EB2 National Interest Waiver?

Under the umbrella of employment-based visas, the EB2 category is designated for individuals with advanced degrees or exceptional ability in their field. The National Interest Waiver (NIW) is a significant provision within the EB2 visa that allows such individuals to bypass the standard labor certification process. This waiver recognizes that their contributions are of such importance that requiring a job offer and labor certification would be contrary to the national interest of the country.

Essential National Interest Waiver Requirements

Before delving into the EB2 NIW application process, it’s crucial to understand the national interest waiver requirements. To qualify for an EB2 NIW, applicants must meet at least three of the following criteria:

Holding an advanced degree relevant to the area of expertise
A record of exceptional ability in your field, such as scholarly publications or high salaries
Demonstrated impact in the field with substantial intrinsic merit
Serving the national interest to a significantly higher degree than others
Lack of available qualified U.S. workers in your field

Furthermore, applicants must prove that they have a proposed endeavor in the United States that has both substantial merit and national importance. They must also show that they are well-positioned to advance this proposed endeavor and that, on balance, the United States would benefit from waiving the job offer and labor certification requirements.

For a detailed list of the national interest waiver requirements, explore the U.S. Citizenship and Immigration Services (USCIS) official guidelines.

The EB2 NIW Application Process Explained

Embarking on the EB2 NIW application journey entails a thorough and careful preparation. Here’s a simplified snapshot of the process:

Prepare Your Documentation: Collect all the required supporting documents that demonstrate your eligibility based on the criteria mentioned above.
Submit Form I-140: File the Immigrant Petition for Alien Worker, Form I-140, with USCIS. This form is the primary petition for the EB2 NIW.
Wait for Adjudication: After submission, you will need to wait for USCIS to adjudicate your petition. The processing times can vary greatly.
Consular Processing or Adjustment of Status: If living abroad, upon approval, you will go through consular processing at a U.S. consulate in your country. If you are already in the U.S., you may apply for an adjustment of status to become a lawful permanent resident.

It is also a smart move to consider seeking guidance from immigration lawyers experienced in the EB2 NIW to navigate potential complexities.

Why Consider an EB2 National Interest Waiver?

The EB2 NIW is particularly attractive because it eliminates the need for employer sponsorship. The labor certification process can be lengthy and arduous. By applying for this waiver, eligible individuals are not only able to sidestep these requirements but also possibly expedite their green card process.

Moreover, for those who have a substantial impact in their fields, the freedom to self-petition allows them to continue their work in the U.S. without the constraints of specific job ties. It is a pathway to contribute to the dynamism of American industry, academia, or other fields of work from a stance of autonomy and recognition.

In summary, the EB2 National Interest Waiver serves as a beacon for those who have proven themselves to be exceptional. By meeting stringent national interest waiver requirements and navigating the EB2 NIW application process carefully, one stands to unlock the potential to contribute to—and grow within—the vibrant tapestry of American society.

For any additional information and assistance, remember to consult the U.S. Department of State’s Bureau of Consular Affairs or an experienced immigration attorney who can offer personalized advice on your journey.

Did You Know?

Immigrants Make Up a Significant Portion of the U.S. Workforce
- Did you know that immigrants make up a significant portion of the U.S. workforce? According to the Pew Research Center, in 2019, immigrants accounted for about 17% of the total U.S. labor force. Their contributions span across various sectors, from agriculture and construction to healthcare and technology.
The U.S. Has a Long History of Immigration
- Immigration has been a fundamental part of American history. Did you know that between 1892 and 1954, around 12 million immigrants arrived at Ellis Island in New York Harbor? Ellis Island served as the main immigration station during that time, processing and welcoming people from all over the world who sought a new life in the United States.
The United States Has an Official Immigration Symbol
- Just like the Statue of Liberty, did you know that the United States has an official immigration symbol? The Immigration and Nationality Act of 1952 designated the Golden Spike National Historic Site in Utah as the official symbol of immigration. The Golden Spike commemorates the completion of the first transcontinental railroad in 1869, which played a crucial role in facilitating immigration and connecting the east and west coasts of the country.
The Impact of Immigrant Entrepreneurs
- Immigrant entrepreneurs play a significant role in driving the U.S. economy. Did you know that as of 2020, immigrant-founded companies employed more than 13.5 million people in the United States? These companies have made remarkable contributions in sectors such as technology, healthcare, and manufacturing, fostering innovation and job creation for both immigrants and U.S. citizens alike.
Diversity Visa Lottery: A Unique Path to U.S. Immigration
- The Diversity Visa Lottery provides a unique opportunity for individuals from countries with low rates of immigration to the United States. Did you know that approximately 50,000 diversity visas, also known as green cards, are available each year through this lottery? Winners are randomly selected from millions of applicants worldwide, offering a chance for individuals to pursue their American dreams.
Citizenship by Descent: A Path to U.S. Citizenship
- Did you know that individuals with at least one U.S. citizen parent may be eligible for citizenship by descent? This means that even if someone is born outside of the United States, they can acquire U.S. citizenship if they meet certain requirements, such as proving their parent’s U.S. citizenship and meeting residency criteria. It’s a lesser-known path to U.S. citizenship that provides opportunities for individuals with strong familial ties to the country.
The Impact of Immigrants on U.S. Patent Innovation
- Immigrants have made significant contributions to innovation and patents in the United States. Did you know that immigrants accounted for nearly 30% of U.S. patent applications in 2018? Their contributions have led to advancements in various fields, including technology, medicine, and renewable energy, shaping the future of the country.
Uniting Families Through Immigration
- Immigration plays a vital role in uniting families across borders. Did you know that the United States offers various visa categories specifically designed to facilitate family reunification? These include the immediate relatives category, which allows U.S. citizens to sponsor their spouses, parents, and unmarried children under 21 for immigration, ensuring families can be together and build their lives in the United States.
The Magnitude of Remittances Sent by Immigrants
- Immigrants often send money back to their home countries to support their families. Did you know that the World Bank estimated that in 2020, immigrants living in the United States sent over $68 billion in remittances to countries around the world? These remittances play a critical role in supporting local economies and improving the livelihoods of families abroad.
The Economic Contributions of Undocumented Immigrants
- Undocumented immigrants make significant economic contributions to the United States. Did you know that in 2018, undocumented immigrants paid an estimated $27 billion in federal taxes and $33 billion in state and local taxes? While their legal status may be uncertain, their economic impact cannot be disregarded.

Remember, these facts only scratch the surface of the vast and intriguing world of immigration. Exploring further can lead to an even deeper understanding of the rich tapestry of immigration and its profound impact on societies worldwide.

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Glossary of Immigration Terminology

EB2 National Interest Waiver (EB2 NIW): A provision within the employment-based visa category EB2 that allows professionals with exceptional abilities and advanced degrees to bypass the standard labor certification process. This waiver recognizes that the applicant’s contributions would greatly benefit the United States and that requiring a job offer and labor certification would be contrary to the national interest of the country.
Labor Certification: A process through which an employer must demonstrate to the U.S. Department of Labor that there are no qualified U.S. workers available for a specific job position, and therefore, the employer seeks to hire a foreign worker.
National Interest Waiver (NIW): A waiver within the EB2 visa that allows individuals with exceptional abilities or advanced degrees to bypass the labor certification process by proving that their contributions are of such importance that requiring a job offer and labor certification would be contrary to the national interest of the country.
USCIS (U.S. Citizenship and Immigration Services): The government agency responsible for overseeing and administering immigration and naturalization services in the United States.
Form I-140: The Immigrant Petition for Alien Worker, which is filed with USCIS as the primary petition for the EB2 NIW.
Adjudication: The process of reviewing and making a decision on an application or petition submitted to USCIS.
Consular Processing: The process through which individuals living abroad apply for an immigrant visa at a U.S. consulate or embassy in their country of residence after their EB2 NIW petition is approved.
Adjustment of Status: The process through which individuals who are already in the United States can apply for lawful permanent resident status (green card) without having to leave the country.
Green Card: Commonly known as a Permanent Resident Card, a green card is proof of an individual’s lawful permanent resident status in the United States, allowing them to live and work permanently in the country.
Immigration Attorney: A lawyer who specializes in immigration law and provides legal advice and assistance to individuals navigating the immigration process.
U.S. Department of State’s Bureau of Consular Affairs: The government agency responsible for issuing visas and providing consular services to U.S. citizens and foreign nationals seeking to enter the United States. They work closely with the U.S. Department of Homeland Security and USCIS.
Autonomous: Having the freedom and independence to act or make decisions without interference or control from others.

These definitions should provide readers with a comprehensive understanding of the key terms and concepts related to the EB2 National Interest Waiver and the wider field of immigration.

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This Article in a Nutshell:

The EB2 National Interest Waiver (EB2 NIW) is a pathway to U.S. immigration for professionals with exceptional abilities. It allows individuals to bypass the standard labor certification process if their contributions greatly benefit the nation. Applicants must meet criteria such as having an advanced degree, demonstrating exceptional ability, and showing that their proposed endeavor has national importance. The EB2 NIW eliminates the need for employer sponsorship and offers autonomy in work. Seek guidance from experienced immigration attorneys for a smoother process.