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EB-2 National Interest Waiver: Requirements, Benefits, and Application Process

Writer's picture: Canero Fadul Reis LawCanero Fadul Reis Law


In a recent discussion, Maria Eduarda Reis, expert attorney and partner at Canero Fadul Reis Law, shared her knowledge and insights on the EB-2 Visa with a National Interest Waiver (NIW). This visa category is a pathway for highly skilled professionals to secure permanent residency in the United States without requiring a job offer or labor certification, provided their work benefits the U.S. on a national level.


What Is the EB-2 National Interest Waiver?


Maria Eduarda explained that the EB-2 NIW is a subcategory of the employment-based second preference (EB-2) visa. It is designed for individuals with advanced degrees or exceptional abilities whose proposed work is deemed to be in the national interest of the United States.


“The EB-2 NIW is unique because it allows applicants to bypass the labor certification process, which can be time-consuming,” Maria Eduarda noted. “Instead, applicants must demonstrate that their work has substantial merit and national importance.”


Who Qualifies for the EB-2 NIW?


Maria Eduarda outlined the qualifications for the EB-2 National Interest Waiver, emphasizing two key components:


  • Advanced Degree or Exceptional Ability:

    • Advanced Degree: A master’s degree or higher, or a bachelor’s degree with at least five years of progressive work experience in the field.

    • Exceptional Ability: A level of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

  • National Interest Waiver Criteria: Applicants must meet the three-prong test established by the Matter of Dhanasar decision:

    1. The proposed work must have substantial merit and national importance.

    2. The applicant is well-positioned to advance the proposed work.

    3. Granting the waiver would be beneficial to the U.S., outweighing the need for a labor certification.


Application Process for the EB-2 NIW


Maria Eduarda detailed the steps involved in applying for the EB-2 NIW:


  1. Prepare Evidence of Eligibility: Applicants need to provide academic credentials, professional experience, and documentation of exceptional ability or an advanced degree. Additionally, evidence must be provided showing the national importance of the applicant’s work.

  2. File Form I-140: Submit the Immigrant Petition for Alien Worker (Form I-140) to U.S. Citizenship and Immigration Services (USCIS).

  3. Consider Premium Processing: Premium processing is now available for EB-2 NIW applications, reducing the processing time to as little as 45 days.

  4. Adjustment of Status or Consular Processing: If the petition is approved, applicants can apply for adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.) to obtain their green card.


Common Professions Benefiting from the EB-2 NIW


Maria Eduarda highlighted industries where EB-2 NIW applications are frequently successful:


  • STEM Fields: Engineers, scientists, and researchers contributing to technological innovation.

  • Healthcare: Doctors and healthcare professionals addressing critical shortages.

  • Entrepreneurship: Business owners creating jobs and driving economic growth.

  • Education: Professors and educators in specialized fields.


Benefits of the EB-2 NIW


  • No Job Offer Required: Applicants can self-petition, eliminating the need for employer sponsorship.

  • Priority Processing: Premium processing ensures faster decision times.

  • Path to Permanent Residency: Successful applicants and their families can obtain green cards.


Potential Challenges and Mistakes to Avoid


Maria Eduarda cautioned against common pitfalls in the EB-2 NIW process:


  • Insufficient Evidence: Failing to demonstrate the national importance of the proposed work.

  • Poorly Structured Petition: Inadequate documentation or lack of clarity in presenting qualifications.

  • Ignoring Professional Guidance: Attempting to navigate the complex process without expert legal assistance.


Conclusion


The EB-2 National Interest Waiver is an excellent option for highly skilled professionals seeking to contribute to the United States while advancing their careers. Maria Eduarda emphasized the importance of working with an experienced immigration attorney to ensure a well-prepared petition.


“The EB-2 NIW process can be complex, but with the right guidance, applicants can maximize their chances of success,” Maria Eduarda concluded. “At Canero Fadul Reis Law, we are committed to helping individuals achieve their immigration goals with personalized support and expert legal advice.”


For more information or to schedule a consultation, contact Canero Fadul Reis Law today.



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