The EB-2 immigration visa provides an individual with a unique and rewarding path to U.S. Permanent Residency (a.k.a., a green card). Individuals with an advanced degree or its equivalent, or those who qualify based on their exceptional abilities and professional accomplishments, are candidates for the National Interest Waiver (NIW) application process.
By self-sponsoring, an EB2 NIW applicant can bypass the PERM Labor Certification process and waive the requirement of a job offer to immigrate permanently to the United States.
National Interest Waiver
To qualify for the EB-2 NIW, you must demonstrate that it would be beneficial to the United States to waive its requirement of a job offer in order for you to immigrate to the United States through an employment-based application.
This means you need a solid proposal that provides an alternative to an immediate job offer. Perhaps you are a researcher or have special business expertise, and your work is in extremely high demand. Maybe you have an exceptional ability and a plan to launch a program or business that will benefit the community. Your proposal will be measured against three criteria:
- First, the endeavor must have substantial merit and national importance. This may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining national importance, the potential impact of the proposed endeavor on local, national, or even the global stage is considered.
- Second, you must be well positioned to advance your endeavor based on your education, skills, knowledge, record of success, plans for future activities, progress toward achieving the endeavor, and interest of potential customers, users, investors, or other relevant groups or individuals.
- Third, the endeavor must benefit the United States enough to justify waiving the requirement of a job offer. The USCIS may consider, among other things, whether a job offer or labor certification are practical for you in your endeavor, whether your proposed endeavor could lead to the creation of jobs, and whether the U.S. would still benefit from your contributions even if qualified U.S. workers are available. On the whole, it must be clear that your contributions to the national interest sufficiently warrant forgoing the labor certification process.
Hire Experience, Manage Your Time
The Trillos Ballerini Law Firm has been handling complex immigration cases since its founding in 2006. Our team has deep experience handling these complex immigration applications. With our expertise, we will walk you through every step in the process, knowing the importance and how this process could change your life.
Our team has created a custom toolkit to streamline your process as much as possible. From the moment you hire us, we will have your back. We will help you gather the documentation you need—such as proof of experience, evidence of achievement, and letters of recommendation. We will also help you anticipate decisions and understand next steps. You can expect promptness, attention to detail, and open communication from every member of our team.
The USCIS evaluates each application on a case-by-case basis, so processing times vary widely. In our experience, most EB-2 NIW applications can take several months, depending on the USCIS case load. If you qualify for premium processing, it can be shorter. The total timeline is always affected by the availability of visas for your country of origin. We will help you stay informed along the way so you can use your time wisely.
Contact the Trillos Ballerini Law Firm today to schedule a consultation to discuss your immigration needs.