The EB-2 National Interest Waiver (NIW) is a U.S. immigration pathway designed for foreign nationals who possess advanced degrees or exceptional abilities in sciences, art or business (or #STEM fields) and can demonstrate that their work significantly benefits the national interest of the United States. Here’s an overview of the primary requirements:
Applicants must either hold an advanced degree, or possess exceptional ability in their field:
- If an applicant possesses a baccalaureate degree (or its foreign equivalent), they need to show at least 5 years of post-baccalaureate, progressive work experience in the field.
- Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
Applicants do need a job offer or labor certification. However, they must convincingly demonstrate that waiving the labor certification process is in the national interest of the U.S. This includes demonstrating:
– the proposed endeavor has both Substantial Merit and National Importance
– the applicant is well positioned to advance the proposed endeavor
– on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification
In summary, the EB-2 NIW can provide a pathway to Green Card for skilled individuals whose work promises to enhance the national interest of the United States, making it a compelling option for many aspiring immigrants.