EB-2 NIW (National Interest Waiver)

EB-2 NIW – National Interest Waiver

Purpose:

This is for foreign nationals who hold an advanced degree or demonstrate exceptional ability in their field, and can demonstrate that their work has substantial merits, national importance, that you are well-positioned to advance the field, and that on balance, merit waiver of labor certification and a job offer.

How:

NIW’s can be self-sponsored. However, exceptional ability must be Employer filed. Petitioner’s must have advanced degrees or a Bachelor’s plus five years of experience in their field, including arts, sciences, or business. Petitioners must also provide evidence that your work has substantial merit; evidence that your work has national importance; and documentation to establish a “record of success” to prove you are well-positioned to advance the field, such as:

1. 1. Awards, honors, grants and other applicable accommodations for your field.
   2. Memberships in organizations in the field.
   3. Evidence of high salary or other significant recognition.
   4. Original work documented by patents, licences, commercialization of research innovation, etc.
   5. Detailed employment/work history.
   6. Scholarly peer-reviewed articles in the field.
   7. Service as the judge of the work of other professionals in the field.
   8. Performing in a leading or critical role.
   9. Reference/expert letters.

You may need additional evidence, such as letter(s) of intent to employ you from U.S. employers and/or a business plan for the business you plan to engage in.  You may need to include contracts for work if you are not currently employed in the U.S. in your field. Additional evidence, such as a letter of interest from a government agency, can help. You will also need evidence of why you merit a waiver of labor certification such as employment in a Critical and Emerging Technology (CET) and a STEM degree of national importance.

Special Note for Exceptional Ability: I-140 EB-2 Exceptional Ability cases can be filed by Employers for people who do not have advanced degrees, as long as they possess three of the following:

1. 1. 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.
   2. Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
   3. A license to practice your profession or certification for your profession or occupation.
   4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
   5. Membership in a professional association(s).
   6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
   7. Other comparable evidence of eligibility is also acceptable.

Not sure if you qualify for the EB2 NIW, schedule a consultation with us today and let us help you reach your immigration goals.