EB-2 National Interest Waiver

The EB-2 visa is a U.S. employment-based green card category for professionals with advanced degrees or exceptional ability in sciences, arts, or business, offering a pathway to permanent residency. Key requirements involve advanced education (Master's/Ph.D. or Bachelor's + 5 years experience) or exceptional skills, often needing a job offer and labor certification (PERM). A major exception is the EB-2 National Interest Waiver (NIW), which waives PERM and sponsorship for those whose work significantly benefits the U.S., allowing self-petitioning. 

Key Eligibility Requirements

  • Advanced Degree: A U.S. Master's, Ph.D., or foreign equivalent, or a Bachelor's degree plus five years of progressive experience.
  • Exceptional Ability: Demonstrated high achievement in science, arts, or business, typically shown through at least three of these criteria (as per USCIS, USCIS):
  • Degree related to the field.
  • 10+ years of experience.
  • License to practice the profession.
  • High salary/remuneration.
  • Membership in professional associations.
  • Recognition for achievements/contributions.

The Two Main Paths

  1. Employer-Sponsored EB-2:
  • Requires a U.S. employer to sponsor you.
  • Involves a Labor Certification (PERM) process with the Department of Labor to prove no qualified U.S. workers are available.
  1. EB-2 National Interest Waiver (NIW):
  • No PERM: Waives the labor certification process.
  • No Sponsorship: Allows self-petitioning (no employer needed).
  • Benefit: Must prove your work has substantial merit and national importance, and that you're well-positioned to advance it. 

Benefits

  • Direct path to a U.S. Green Card (permanent residency).
  • NIW offers significant control and flexibility for entrepreneurs and innovators. 

Application Process (General)

  1. File Form I-140: Petition for Alien Worker (with PERM or NIW arguments).
  2. PERM (if applicable): Employer tests the U.S. labor market.
  3. Adjustment of Status (I-485) or Consular Processing: Once a visa number is available, apply for the green card.