The EB-2 NIW (National Interest Waiver) visa is a category of United States immigration visa that allows foreign nationals with exceptional abilities or with a job offer that is in the national interest to obtain permanent residency in the United States. To obtain this visa, one must meet certain specific requirements and go through a rigorous application process. In this article, we will explore the details about the EB-2 NIW Visa.
What is the EB-2 NIW Visa? The EB-2 NIW Visa is an immigration visa category that is part of the employment-based (EB) preference of the United States immigration system. It is designed for professionals with exceptional abilities in the fields of science, arts, education, business, or athletics, or those who can demonstrate that their admission to the United States would be in the national interest of the country.
The requirements for the EB-2 NIW Visa: To be eligible for the EB-2 NIW Visa, applicants must meet the following requirements:
- Exceptional Skills: Applicants must have exceptional skills in their areas of expertise, demonstrating that they are above-average professionals in their areas of expertise. This can be proven through awards, recognitions, publications, participation in professional associations, among others.
- National Benefit: Applicants must demonstrate that their admission to the United States would be of national benefit. This can be proven by presenting evidence that shows how your exceptional abilities can contribute to the progress of the United States, such as groundbreaking scientific research, business projects with job creation potential, or relevant technological advancements.
- Waiver of Job Offer: Unlike other EB visa categories, the EB-2 NIW Visa does not require a formal job offer from an employer in the United States. Applicants can self-petition and do not need a prior job offer to be eligible.
- Prove merit: Applicants must prove that they have the necessary skills and experience to succeed in their field of practice in the United States. This can be done through proof of degrees, detailed resume, relevant work experience, and letters of support from experts in their fields.
It is important to note that regardless of the subcategory chosen, all applicants for the EB-2 NIW Visa must meet the general requirements, such as proof of exceptional abilities, national benefit, waiver of job offer, and proof of merit. Each subcategory has its own specific nuances and criteria, and it is important to consult the official guidelines of the United States Citizenship and Immigration Services (USCIS) for detailed information on each one.
In the case of exceptional abilities, you must meet at least three of the criteria below.*
*Criteria
- Official academic record showing that you hold a degree, certificate, or similar award from a college, university, school, or other educational institution related to your area of exceptional ability
- Letters from current or previous employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have received a salary or other remuneration for services that demonstrates your exceptional ability
- Membership of professional association(s)
- Recognition for your accomplishments and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
It is important to note that this text is for educational purposes only and does not constitute legal advice.
Visto Immigration - The information provided on this blog is for general informational purposes only and should not be interpreted as legal advice or client solicitation. If you require legal advice for your specific case, you should seek the counsel of your own lawyer or legal counsel.
