EB2-NIW
EB-2 (NIW) – GREEN CARD
The EB-2 National Interest Waiver (NIW) visa is an Employment-Based Immigration visa which allows an experienced professional to obtain a Green Card without the need of a job offer from a U.S. employer to be considered his sponsor and independently of Labor Certifications.
A member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability, may be eligible for an EB-2 visa. The EB-2 petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL), however, DOL provides for a blanket certification in certain situations. As part of the application process, the employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until the applicant obtains lawful permanent residence status. However, the professional may request a waiver of the job offer requirement in the national interest through a petition filed with USCIS, without need, therefore, to demonstrate an employer’s ability to pay a wage.
The USCIS considers the following factors for National Interest Waiver:
- The proposed endeavor has both substantial merit and national importance.
- The professional 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.
If the EB-2 NIW petition is approved, the professional’s spouse and unmarried children under the age of 21 may also be eligible to apply for a Green Card in the U.S.