The EB-2 National Interest Waiver (NIW) allows highly skilled professionals to self-petition for a US green card without an employer sponsor, provided their work is in the national interest of the United States.
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The Three-Prong NIW Test
- Substantial merit and national importance: Your proposed endeavour must have both substantial merit (in business, science, technology, culture, health, or education) and national importance.
- Well-positioned to advance the endeavour: Demonstrated through your education, skills, record of success, and a future plan with support from others in your field.
- Beneficial to waive job offer/labour certification: It must be in the national interest to waive the standard requirement — your work benefits the US enough that requiring a sponsor is unnecessary.
Who Typically Qualifies?
- STEM researchers and academics
- Physicians who agree to work in medically underserved areas
- Entrepreneurs whose businesses create US jobs or advance technology
- Artists and cultural contributors with significant national impact
- Policy experts and public interest professionals
Evidence Needed
- Published research, patents, or significant creative works
- Citations, awards, and peer recognition
- Recommendation letters from leading experts in your field
- Detailed statement explaining your proposed endeavour and its national importance
Application Process
- File Form I-140 (Immigrant Petition for Alien Workers) with USCIS
- Inside US: file Form I-485 (Adjustment of Status) concurrently if a visa number is available
- Outside US: upon I-140 approval, apply for immigrant visa at US consulate
Complete EB-2 NIW visa guide | US immigration tips from lawyers
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