EB2 NIW

Employment-Based Immigration: Second Preference EB-2

uscis.gov

The EB-2 visa is an employment-based, second-preference immigrant visa for professionals holding advanced degrees or individuals with exceptional ability. Within this category, the National Interest Waiver (NIW) allows certain professionals to bypass the standard labor certification process if their work benefits the United States.

Eligibility Criteria:

1. Advanced Degree Professionals:

   • Must possess a U.S. advanced degree or its foreign equivalent, or a U.S. bachelor's degree (or its foreign equivalent) plus at least five years of progressive post-bachelor's work experience in the field.

2. Individuals with Exceptional Ability:

   • Demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

National Interest Waiver (NIW):

The NIW allows eligible EB-2 applicants to request a waiver of the job offer and labor certification requirements if their admission is deemed to be in the national interest of the United States. Applicants can self-petition without an employer sponsor.

NIW Eligibility Criteria:

USCIS evaluates NIW requests based on three factors:

1. Substantial Merit and National Importance:

   • The proposed endeavor must have significant potential to advance areas such as the U.S. economy, healthcare, education, or national security.

2. Well-Positioned to Advance the Endeavor:

   • The applicant must demonstrate the ability to advance the proposed endeavor through qualifications, a record of success, and a detailed plan.

3. Benefit to the U.S. by Waiving Job Offer and Labor Certification:

   • It must be shown that the U.S. would benefit from waiving the job offer and labor certification requirements, considering factors like urgency and the impracticality of obtaining a labor certification.

Application Process:

1. Form I-140 Petition:

   • Submit Form I-140, Petition for Alien Worker, along with evidence supporting eligibility and the NIW criteria.

2. Adjustment of Status or Consular Processing:

   • If in the U.S., file Form I-485 for Adjustment of Status. If abroad, proceed with consular processing upon I-140 approval.

Family Members:

Spouses and unmarried children under 21 may be eligible to apply for admission to the U.S. under E-21 (spouse) and E-22 (child) immigrant status, respectively.

For comprehensive information, refer to the official USCIS page on Employment-Based Immigration: Second Preference EB-2.