EB-2 NIW Visa
National Interest Waiver Employment-based Second Preference (EB-2)
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.
Who is eligible to Apply for NIW?
| Categories | Description | Evidence |
|---|---|---|
|
Advanced Degree |
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Exceptional Ability |
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NIW Criteria
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable
- An endeavor above and beyond your daily task at work
- A research proposal that advances your field of expertise
- An endeavor that potentially has national or global impact
Request a waiver of this requirement in the national interest
through your petition to the USCIS.
Because the national interest waiver waives the job offer, you
do not need to demonstrate an employer’s ability to pay a
wage.
Prong #1: Substantial merit and national
importance
Prong #2: Well positioned to advance the proposed endeavor
Prong #3: It would be beneficial to the US to waive the requirements of a job offer and thus of a labor certification
What Really Matters
| National Importance | Well Positioned to Advance Proposed Endeavor | Waiving the Requirements of a Job Offer and Labor Certification |
|---|---|---|
|
National and global implication of endeavor |
Academic excellence |
The unique combination of your skills |
|
Significant potential to employ U.S. workers or positive economic benefit in economically depressed areas |
Membership in professional associations |
The enriched perspective you bring to your field of expertise |
|
Enhance societal welfare/cultural/artistic enrichment |
Future plans to advance endeavor and progress towards advancing endeavor |
Exceptional ability that is far above minimum requirements in labor certification |
|
A government entity recognizes your proposed endeavor as nationally important |
Glowing recommendation letters from experts in your field |
|
|
Endeavor is a subject of national initiative |
