Second Employment Based (EB-2) category – National Interest Waiver (NIW)

Normally if you qualify for the second employment based (EB-2) category (individuals holding advanced degrees and persons with exceptional ability in the sciences, arts or business) a job offer and a labor certification is generally required. However, under the NIW employment category, this requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States.   To be eligible for a NIW, you must provide evidence of an advanced degree or exceptional ability.

In order to demonstrate exceptional ability, you must meet at least three of the criteria below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters 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 commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements 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.

In addition, in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification, you must meet the following NIW criteria below:

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

NIW cases are very difficult and are subject to high scrutiny. To prepare this type of case, you need an experienced attorney who is well versed in presenting NIW petitions.