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The EB-2 NIW (National Interest Waiver) visa is a category of immigration visa in the United States that allows individuals to waive the requirement of a job offer and labor certification by demonstrating that their presence in the country is in the national interest. It is designed for professionals who possess advanced degrees or exceptional ability in their field and whose work would significantly benefit the United States.
The EB-2 NIW visa category falls under the employment-based preference visa category and is available to two groups of individuals:
Applicants who possess an advanced degree (master’s degree or higher) or a foreign equivalent degree in a field of expertise that is relevant to their proposed work in the United States.
Applicants who can demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability is proven through evidence of sustained national or international acclaim, such as significant awards, publications, professional memberships, or high salary in the field.
To qualify for the EB-2 NIW visa, the applicant must provide evidence that their work is in the national interest of the United States. The applicant must demonstrate that their work has substantial merit and that they are well-positioned to advance their field or industry significantly. Additionally, they must show that it would be beneficial to waive the requirement of a job offer and labor certification because their work serves the national interest to a greater degree than the typical applicant in the field.
The EB-2 NIW visa application involves a two-step process. First, the applicant files a Form I-140 petition with the United States Citizenship and Immigration Services (USCIS), providing evidence of their qualifications, achievements, and the national interest aspect of their work. They must also submit supporting documentation such as recommendation letters, publications, patents, media recognition, and other relevant evidence.
Upon approval of the I-140 petition, the applicant can proceed with the visa application process, which involves filing Form DS-260 and attending an interview at a U.S. embassy or consulate in their home country.
One of the key advantages of the EB-2 NIW visa is that it allows individuals to self-petition, meaning they can apply for the visa without the need for an employer sponsor. This gives applicants greater flexibility and independence in pursuing their work in the United States.
It’s important to note that the EB-2 NIW visa is a highly specialized category and requires careful preparation of the application. Seeking the assistance of an experienced immigration attorney can greatly improve the chances of a successful outcome.