EB2-National Interest Waiver (NIW)
The EB-2 National Interest Waiver (NIW) is a green card option for certain foreign nationals who have exceptional ability or hold advanced degrees. What makes this visa especially appealing is that it does not require an employer sponsor or labor certification, a process that is often time-consuming and complex. Instead, eligible petitioners can self-petition for a green card if their work is considered to be in the national interest of the United States.
- Allow self-petitioning
- No Work Restrictions
- Permanent Residency
- A path to U.S. citizenship
What is a National Interest Waiver (NIW)?
The standard EB-2 visa process requires a Labor Certification, which can take 15 months to 3 years. This involves proving no qualified U.S. workers are available for the job. Alternatively, the National Interest Waiver (NIW) allows individuals to bypass this requirement if it’s in the US’s best interest. With a NIW, individuals can self-petition, waiving job offer and Labor Certification requirements. While NIW approvals can be more challenging, working with an experienced attorney can improve the chances of a favorable outcome.
What is the three prong test for a National Interest Waiver (NIW)?
What is the advantage of pursing National Interest Waiver (NIW) instead of employer-sponsored permanent residence?
Pursuing NIW offers a significant advantage over employer-sponsored permanent residence: control. NIW allows for self-petitioning, meaning that you are not reliant on your employer, which provides independence and stability. If your employer experiences financial difficulties or terminates your employment, your NIW application remains unaffected. This autonomy becomes increasingly important as the application process can be lengthy.