THE EB-2 (EB 2) NATIONAL INTEREST WAIVER (NIW) VISA
August 16, 2022 | John J. Pasquini
An EB-2 National Interest Waiver (NIW) visa leads to permanent residency status (Green Card status) based on “national interest” rather than employment. A candidate for the EB-2 NIW must prove that his or her residency in the United States is of national interest.
The following have traditionally been considered areas of national interest to the United States:
- Preventing an attack on the U.S.
- Ensuring the survival of U.S. allies
- The formation of international, global systems in which the U.S. can thrive
- Developing domestic wealth and a high standard of living
- Nurturing cultural diversity and affluence
- Maintaining safe and secure borders
- Fostering domestic and foreign environmentalism
Candidates with specialties associated with these areas of national interest are considered seriously.
EB-2 (EB 2) NIW Requirements
Acquiring an EB-2 NIW visa entails the following requirements:
- One must either have an advanced graduate degree above a Bachelor’s (i.e., Master’s or Doctorate) or an exceptional ability in a particular field.
- The EB-2 NIW applicant must be engaged in the kind of work that is of substantial importance to the national interest of the United States.
Supporting Documents
While there are no set-in-stone criteria for what is considered of “national interest,” the following supporting documents have proven helpful:
- Letter of interest or evidence of funding from a United States government agency
- Letters of recommendation from distinguished researchers and professors
- Copies of patents and copyrights
- Grant proposals
- Peer-reviewed articles
- Published articles in scholarly journals
- Published scholarly books
- List of entries in citation indexes
- Performance evaluations
- Awards received
Occupations Eligible for an NIW Green Card
An eclectic variety of occupations are suitable for the NIW, including (but not limited to) the following: artist, musician, singer, physician, veterinarian, therapist, nurse, pharmacist, dentist, pilot, researcher, scientist, engineer, architect, lawyer, economist, professor, entrepreneur, and businessperson.
As long as it can be demonstrated that the applicant’s role within his or her profession—whatever it may be—is of national interest to the United States, the applicant is eligible for an EB-2 NIW visa.
Favored Criteria
While the United States Citizenship and Immigration Services (USCIS) is open to a diversity of petitions, occupations that improve the economy, wages, health care, housing for the elderly and poor, the environment, cultural understanding, and the education of children and workers seem to hold a favored status.
Advantages in Applying for an NIW Visa
Those who apply for an NIW visa do not need employer sponsorship, a job offer, or an awaiting job.
The EB-2 NIW applicant need not go through the permanent labor certification process (PERM)—where a shortage of U.S. workers in the applicant’s field of work is necessary.
The EB-2 NIW visa’s eligibility requirements are less burdensome than those associated with the EB-1A visa. An EB-1A applicant must evidence a higher level of expertise than those seeking an EB-2 NIW visa. An EB-1A candidate must be among the small percentage of individuals who have risen to the top of their profession and have been recognized as such. (Numerous Nobel, Booker, and Pulitzer Prize winners and Academy, Grammy, Bafta, and Brit Award recipients have received EB-1A visas.)
Mutual Benefit
The EB-2 NIW visa leads to a green card and ultimately to citizenship for the immigrant and his or her family.
The NIW program benefits immigrants and the United States’ interests. Immigrants are blessed with the benefits of permanent residency and economic opportunity, and the United States profits from advancements in the sciences and arts.
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Source: USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2/; https://www.uscis.gov/forms/explore-my-options/eb-2-employment-based-immigration-advanced-degree-or-exceptional-ability/.