The Employment-Based Second Preference (EB-2) visa is one of the best options for foreign nationals seeking a green card to the United States. Unless an EB-2 applicant can obtain a National Interest Waiver, they depend on a job offer from a US employer approved by the Department of Labor (DOL).
In this article, you will find feasible examples of the National Interest Waiver.
EB-2 National Interest Waiver – Understanding the Concept
The National Interest Waiver is a subset of the EB-2 immigrant classification. Hence, it is impossible to qualify for an NIW without meeting the basic EB-2 visa requirements established by the United States Citizenship and Immigration Services (USCIS).
The EB-2 classification applies to members of professions holding an advanced degree or its foreign equivalent, or individuals with exceptional ability. Once an NIW applicant meets the standard EB-2 requirements, the next step is to identify whether the applicant’s endeavor qualifies for an NIW.
Standard EB-2 applications must be filed by a US employer on behalf of a prospective foreign worker. NIW applicants can self-petition with USCIS, which makes them independent from the willingness of third-party.
USCIS considers three key factors to determine whether an eligible EB-2 applicant qualifies for an NIW:
- Whether the applicant’s proposed endeavor has substantial merit and national importance
- Whether the applicant is well-positioned to advance the proposed endeavor, and
- Whether it would be beneficial to the United States to waive the job offer and labor certification requirements
National Interest Waiver Examples – Taking a Closer Look
An applicant’s ability to qualify for an NIW depends more on the potential of the proposed endeavor than necessarily on the specific segment of the enterprise. Every year, members of professions and individuals with extraordinary abilities in several segments apply for NIW, such as:
- Musicians/ singers
- Business persons
- Urban planners
Please note that this list of non-exhaustive. Another important factor is that not merely because an applicant works in a certain segment, he or she automatically has eligibility for an EB-2 NIW.
The key element of a successful NIW applicant is to demonstrate the applicant’s unique position to advance a proposed endeavor that will serve the US national interest. Several documents may provide robust evidence, including:
- An academic record relating to the applicant’s area of exceptional ability, including a degree, diploma, certificate, or similar document
- Letters of recommendation written by current or former employers the applicant has the required experience in the field
- Any applicable licenses and certifications
- Membership in professional associations or expert boards
- Awards or recognition for their achievement and significant contributions to the applicant’s field of expertise, especially awards issued by governmental entities or fellow professional organizations
- Evidence that the applicant has commanded an above-average compensation for services that demonstrate exceptional ability
Do You Want to Qualify for a National Interest Waiver (NIW) – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best immigration strategy for your case.