EB-2 National Interest Waiver (NIW)

1. Direct Path to Green Card: Successful applicants can move directly to the green card application process, bypassing the PERM labor certification and securing a faster path to permanent residency.
2. Flexibility and Autonomy: The EB-2 NIW allows applicants to self-petition, giving them the freedom to choose their employment and professional endeavors in the U.S.
3. Positive Economic Impact: By attracting top talent and encouraging innovation, the EB-2 NIW Visa contributes to the growth of various sectors, boosting the nation’s economic development.
4. Opportunity for Innovators: The NIW Visa encourages innovators, researchers, and professionals to contribute their skills and knowledge to advance their respective fields and benefit the nation as a whole.

Unlock your potential and make a lasting impact in the United States with the EB-2 National Interest Waiver (NIW) Visa. Let our dedicated immigration team guide you through this transformative journey towards contributing to the national interest and securing a brighter future in the U.S.

What is Considered Exceptional Ability?

The term exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. The initial evidence must include at least three of the following six types of evidence listed in the regulations:

• An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
• Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
• Evidence of membership in professional associations; and
• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

Given the additional requirements for exceptional ability, aspiring applicants should target qualifying for an NIW through the advanced degree provision, if possible.

Prong #1 – Substantial merit & national importance

The first prong, substantial merit and national importance, focuses on the specific proposed endeavor that the foreign national proposes to undertake. Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016).

Let’s talk about what a proposed endeavor is. In layman’s terms, a proposed endeavor is a specific work (i.e, business, research, project, etc.) that you intend to engage in. The ideal scenario for you is to come up with a proposed endeavor that is sufficiently related to both your work experience AND your education.

Substantial merit and national importance both have very specific meanings as well. To keep it simple, substantial merit refers to whether there is inherent value in your endeavor. Substantial merit is fairly easy to prove – it can be shown in a wide range of areas, including business, entrepreneurship, science, technology, culture, health, or education, among others. National importance is more difficult to show – this generally refers to the potential of your specific project to impact the industry as a whole or otherwise benefit the U.S. at large.

Prong #2 – “Well Positioned” to advance the proposed endeavor

The second prong shifts the focus from the proposed endeavor to the foreign national. Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016).

In evaluating whether the person is well positioned to advance the endeavor, USCIS considers factors including, but not limited to:

• The person’s education, skills, knowledge, and record of success in related or similar efforts;
• A model or plan that the person developed, or played a significant role in developing, for future activities related to the proposed endeavor;
• Any progress towards achieving the proposed endeavor;
• The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons, and;
• Evidence of the person’s past achievements and corroborate projections related to the proposed endeavor.

Our goal is to ensure that you prepare as much evidence as possible to show USCIS that you are qualified to carry out your endeavor.

Prong #3 – On balance discretionary evidence

The third and final prong requires the petitioner to demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification, which is intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016).

In simple terms, we have to craft a strong argument for why you should be exempt from the usual job offer and labor certification processes. Here are some acceptable reasons:

• Urgency Matters: Is there an immediate need related to public health or safety that would make it crucial for you to bypass the usual process?
• Unique Skills: Are you bringing a skill or knowledge that’s beyond the basic requirements for your job? And is this uniqueness something that the regular process might overlook?
• Economic Benefits: Can your work lead to significant economic growth, like boosting the economy in a particular area?
• Job Creation: Will your efforts potentially create new jobs?

By focusing on these arguments, we can present a compelling case for your EB-2 NIW application. We’re here to help guide you through the process.

AFTER NIW (I-140) Approval – Consular Processing

If you are Abroad (Outside of the USA): CONSULAR PROCESS:

Consular Processing is a process used by the U.S. Department of State in which foreign nationals can apply for U.S. permanent residency (green card). This is usually done through a U.S. embassy or consulate abroad. During the process, an applicant must submit supporting documents to prove they are admissible to the United States (i.e., security checks), then attend an in-person interview. Once approved, the applicant will able to travel to and enter the United States with the issued visa.

AFTER NIW (I-140) Approval – Adjustment of status

If you are Within the United States (Physically Present): ADJUSTMENT OF STATUS.

Description: Adjustment of status is a process by which an individual in the United States can apply for lawful permanent resident status without having to return to their home country. If approved, the individual will become a permanent resident and receive a green card that gives them permission to live and work in the US indefinitely. It is VERY unlikely for you to have an interview with USCIS if you apply for adjustment of status.