EB-2 NIW

What it is

EB-2 is the second preference employment-based category for permanent residence. It normally requires a U.S. employer and a labor certification. The National Interest Waiver asks the government to waive both, because the proposed work is considered to benefit the United States.

Because no employer is required, the professional may file the petition on their own behalf.

What is generally evaluated

The first question is whether the person fits EB-2, through an advanced degree or exceptional ability. An advanced degree includes a master's or higher, or a bachelor's followed by five years of progressive experience. After that, the petition generally needs to show three things:

• That the proposed work has substantial merit and national importance
• That the person is well positioned to advance that work
• That, on balance, waiving the job offer and labor certification would benefit the United States

What may strengthen a case

Career history matters, and so does the plan for the work in the United States. Depending on the case, relevant evidence may include:

• Degrees, certifications and years of experience in the field
• Leadership roles and significant projects
• Publications, patents, awards or press coverage
• Letters from people who know the work
• A clear description of the proposed endeavor in the U.S.

Fields we often see

We frequently speak with professionals in technology, engineering, finance, medicine, dentistry, science and research, law and aviation, as well as business owners. No profession qualifies automatically: what counts is the full background and the project presented.

Common questions