EB2 National Interest Waiver

These visas waive a common requirement for EB visas: a pending job offer from a U.S. employer. The U.S government has decided to waive this criterion for foreign nationals whose presence in the United States would demonstrably serve American interests.

For ordinary EB-2s, a U.S. employer must serve as the petitioner, and needs to obtain a labor certificate proving that they are unable to hire a U.S. citizen for the position.

For an EB-2 National Interest Waiver, or EB-2 NIW, the foreign national can self-petition, even without a job lined up.

Who Qualifies for an EB-2 NIW?

An applicant must first meet the criteria of a regular EB-2 visa:

1. Hold an advanced degree (above a Bachelors degree), or a university degree followed by five or more years of work experience in your field
2. Or have exceptional ability, demonstrated by having at least three of these criteria:
   • An academic degree from university
   • Ten years of full-time work experience in your field
   • A license to practice in your field
   • History of commanding a high salary
   • Memberships in professional organizations
   • Recognition from your peers
   • Other comparable evidence

The applicant must then meet the additional National Interest criteria:

1. His or her proposed endeavor is of substantial merit and national importance
2. The applicant is well positioned to advance the endeavor
3. The endeavor is to the benefit of the national interest

This last requirement can be met through showing the applicant will hire U.S. workers or have a significant impact on the U.S. economy, will enrich the U.S. culture, or impact an area of great need for the U.S.

Self-Petition Allowed?

• EB-2 NIWs can self-petition

EB2-NIW Visa Fees

• Filing Fee –      Regular $1925