Who will qualify for National Interest Waiver EB-2 petition?

NIW is for foreign nationals of exceptional ability in sciences, arts or business or advanced degreed professionals (M.A., M.S., M.E., M.D., Ph.D. or their equivalents). The alien who applies for permanent residence status (Green Card) seeks a waiver of the offer of employment by establishing that such a waiver would be in the national interest. Thus individual labor certification from the Department of Labor will be waived for the sake of the national interest.
NIW is the best choice for those who are qualified and do not wish to wait several years for labor certification approval or those who do not want to be limited to a specific employer during labor certification. The applicant sponsors herself/ himself without the need of having a job, furthermore, the applicant still can try NIW application even though s/he has already applied green card under another classification.

Qualification  for NIW petition is as follows:

  • Foreign nationals of exceptional ability in the sciences, arts or business; or
  • Foreign nationals that are advanced degree professionals (holding a Master or Doctor degree); or
  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.

There are no absolute requirements as to who qualify for a National Interest Waiver, but an alien must be able to demonstrate that s/he is seeking work in the area of substantial merit to the United States, the approval of his/her Permanent Residence would be in the national interest; and delay or discontinuation of his/her activity due to the requirement of a Labor Certificate will adversely affects the national interest.
For details please go to http://www.uscis.gov/portal/site/uscis



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