EB2-NIW Visa Program
The EB-2 certificate is an employment visa intended to enable you based on an advanced degree or exceptional skills. Applicants who fall into these categories and whose commitment is to the national interest of the United States may request a national interest license (NIW) as part of their EB-2 petition. Having seen the EB-2 NIW, you should be considered a lawful permanent resident of the United States.
To apply for an EB-2 visa, you will first need to submit Form I-140 (officially called the “Immigrant Petition for Foreign Worker”). The NIW allows the applicant to file this petition on their own behalf without the need for a job offer and without first obtaining a permanent labor certification (PERM).
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National Interest Waiver
To successfully obtain an NIW, the applicant must show:
• That your proposed effort is of “substantial merit and national importance”
• That they are “well positioned” to execute the proposed effort
• That, on balance, it will be in the national interest to reject the job offer and PERM requirement certificates.
“Substantial merit” can be shown in a variety of different fields, including education, health, culture, technology, science, entrepreneurship, and business. The applicant does not need to demonstrate the economic benefits of their work, but can mark their proposal in terms of the broad impact on social good.
The applicant’s proposed effort also need not affect the entire geographic area of the United States. Bringing a large number of jobs to an economically devastated region, for example, could be seen as an effort of national importance, despite its local reach.
In addition to the above, it is not necessary to demonstrate that the venture “probably will not be successful.” The applicant only needs to demonstrate that they are “well positioned” to successfully execute their project. This means that the applicant does not need, for example, an established and successful company to apply for the NIW. That said, having a company with a long history of success can strengthen your case.
If applying under the advanced degree category, the candidate must have one of the following documents:
• A diploma and academic record demonstrating that you have obtained the equivalent of a master’s degree or higher degree.
• A diploma and transcripts demonstrating that the applicant has earned the equivalent of a bachelor’s degree – with letters from employers demonstrating 5 years of post-baccalaureate work experience.
o The letters must demonstrate that the applicant has improved their skills during those 5 years.
If the applicant has a higher degree (or equivalent), they should seriously consider this option.
Evidence for Exceptional Ability
To be eligible for the exceptional capacity category, the applicant must be able to provide at least 3 of the following documents:
• An official transcript showing that you have earned a certificate, diploma, or degree from a university or school related to exceptional ability.
• Proof of payment for services related to the applicant’s capacity
• A license (or certification) obtained by the applicant to practice his or her profession
• Membership in a relevant professional association
• Letters demonstrating 10 years of full-time work experience in your given field
• Official recognition – by colleagues, government agencies or related organizations – of the applicant’s contributions to their field.
• Other evidence you consider relevant to your eligibility
In addition to seeing the documentation, the USCIS officer will have to believe that the applicant has exceptional ability. For this reason, the applicant should, if possible, provide more than 3 of the elements listed above. In other words: it is not enough to present some documents; The evidence must be framed in such a way that it strengthens the applicant’s argument.
All documents mentioned in this section must be submitted with Form I-140. For a detailed explanation of the filing process, see the USCIS instructions for submitting I-140.
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Contact us and ask your questions!
Contact us; Our experts are ready to help you and resolve all your visa questions. Trust the Aranz team for comprehensive guidance.
