National Interest Waiver (EB-2) enables talented individuals to sponsor themselves (or have their employer sponsor them) for permanent residence directly with the USCIS, without having to go through Labor Certification process through DOL. You and your employer do not need to conduct any recruitment, place any ads, or prove that there are no qualified candidates for your position. In fact NIW process presumes that there are other available candidates for your job, but you are so well-positioned, above others in your field of endeavor, that having you continue doing what you do is more important that protecting a US worker. You don’t even need your employer to sponsor you. You can self-petition.
National Interest Waiver is available for almost all types of jobs. Many mistakenly believe that NIW is only suitable for scientists, researchers, etc. This is wrong. We have secured green cards based on National Interest Waiver for accountants, teachers, doctors, journalists, athletes, physicists, business owners, non-profit finance workers, and many others.
USCIS reviews NIW petitions applying the precedent AAO decision of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2106). To qualify for National Interest Waiver (NIW), we must satisfy the following three conditions:
- We must demonstrate, by preponderance of the evidence (i.e., more likely than not), that your work in the US is a matter of substantial merit. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health or education. We must unify your various activities and accomplishments into a recognizable field of endeavor, which we will determine after reviewing and discussing your qualifications. While your endeavor does not have to be a universally commonplace designation for a field, we will consider various characterizations and reject the ones that are too broad or excessively narrow to encompass your activities.
- Secondly, we must demonstrate that you are well positioned to advance the proposed endeavor. This prong can be satisfied by demonstrating that you have advanced degrees, extensive experience, significant achievements in the field, and you have expertise in this highly specialized field; that you intend to continue your work within your field thereby serving the US national interests. This includes your diplomas, awards, letters from experts within your field attesting to your achievements and qualifications. We must show that your work, contributions, achievements, dedication, performance, and enthusiasm, are well beyond those of a regular professional working in the same field.
- Finally, we must demonstrate that, even assuming that there are other available specialists qualified to work in this field, keeping you in the US and having you do what you do (i.e., proposed endeavor, a project, or research you are working on), on the balance outweighs the importance of protecting/hiring a US worker. We don’t have to prove that you are irreplaceable, but we must demonstrate that your contributions and achievements are so tall and important, that it will be in the US national interest to grant your permanent residency (which includes the right to work) in the US, despite the assumption that you will potentially outplace a US worker. Satisfying this prong is more of an argument than providing evidence, which we will take care of.
In order for your National Interest Waiver petition to succeed, we will need to assemble an authoritative collection of letters from senior, well-established, and highly regarded leaders in your field of work, documenting past record of specific prior achievement which justifies projections of future benefit to the national interest and confirming that you, in some capacity, will continue serving or will serve the national interest to a substantially greater extent than the majority of your colleagues.
Our lawyers have helped many talented individuals receive their green cards through the National Interest Waiver (EB-2) process. If you are interested in applying under the National Interest Waiver (EB-2) category, we can make an appointment, review your qualifications, and determine if we have enough to proceed or if we need more. Schedule a Consultation today to determine if you can qualify for EB-2 National Interest Waiver (NIW).