EB-2 National Interest Waver (NIW) Lawyer

The EB-2 National Interest Waiver (NIW) is a green card option that allows individuals to obtain lawful residency in the United States by demonstrating that their skills and work will benefit the country’s national interest. To qualify for an EB-2 NIW, applicants must meet specific criteria that include having an advanced degree or exceptional ability in their field of work.

Unlike other green card categories, the EB-2 NIW does not require labor certification, which means that applicants do not need an official job or employer to apply for this type of green card. Additionally, those who qualify for an EB-2 NIW can self-petition without worrying about the risk of losing their green card if they change their employment.

To be eligible for an EB-2 NIW, applicants must meet certain requirements, including having an advanced degree or demonstrating exceptional ability in their field. Those qualifying based on the advanced degree requirement must have an advanced degree or the equivalent, such as a master’s degree, or five years of additional experience if they only have a bachelor’s degree.

Those who meet the exceptional ability criteria must meet three of the following criteria: recognition for significant contributions to their field, membership in a professional association, a professional license to practice their occupation, evidence of a salary commanded, an official academic record that demonstrates expertise and ability, and letters showing 10 years of full-time experience in their field.

In addition to the foundational EB-2 criteria, the legal EB-2 NIW requirements specifically for the NIW category include demonstrating that the reason for applying for an NIW has national importance, having the ability and position to start a plan that will benefit the United States, and proving that the U.S. will benefit from the individual’s position, which calls for waiving the requirement for a job offer.

Assuming you qualify for the EB-2 National Interest Waver, with USCIS accepting such cases for premium processing starting January 30, 2023, an EB-2 NIW Petition can be processed as quickly as 45 days after filing.

Overall, the EB-2 NIW is an excellent option for professionals looking to obtain a green card based on their skills and work’s potential benefit to the country’s national interest. With no need for labor certification, applicants can apply without an official job or employer, and the self-petitioning option makes the process more accessible.

If you have any questions about the EB-2 National Interest Waiver for yourself or your family members, or need more information, call our office to schedule a phone consultation with a Senior Attorney at Jeelani Law Firm.

Practice Areas

Family Immigration

Employment Immigration