The EB2 NIW visa allows foreign professionals whose work is in the national interest of the United States to obtain work authorization under a simplified procedure. We have collected answers to the most common questions related to this permission in this article

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The EB-2 NIW (National Interest Waiver) visa is one of the categories of immigration visas in the United States, which is issued to foreign professionals working in science, research, business or other fields that are in the national interest of the United States. NIW's EB-2 program allows applicants to bypass the employer-sponsoring or labor certification (PERM) requirement when obtaining a visa.

In order to obtain an EB-2 NIW, the applicant must demonstrate his uniqueness and expertise in his field, as well as prove that his work has a broad national or even international character.

Today we will answer the most frequently asked questions about the EB2 NIW visa.

- What does NIW mean?

NIW stands for National Interest Waiver and is a category in the US green card application process, specifically the EB-2 visa.

Generally, an employment-based visa requires a specific job offer and a labor certification process (PERM). However, a foreign national may waive these requirements if he/she certifies that his/her permanent residence permit would be in the "national interest" of the United States of America.

- What does the EB-2 NIW exempt applicant from?

EB-2 NIW exempts applicants from mandatory employment certification and from the requirement to have a job offer.

- How is an EB-2 NIW petition different from a standard EB-2 visa application?

Generally, an EB-2 visa application requires an employer to sponsor the petition and obtain a labor certification. EB-2 NIW, by contrast, allows individuals to self-petition by demonstrating their qualifications and the national interest served by their work, bypassing the need for a labor certification.

- Is getting a NIW a direct green card?

Having your NIW petition approved under the EB-2 category means that you have met the criteria for this type of visa. However, to actually get a green card, you must additionally file an Application for Adjustment of Status (Form I-485) or go through the immigrant visa process.

- Who is eligible to petition for an EB-2 NIW?

According to this procedure, both the Foreigner on his own behalf and the employer have the right to submit a petition.

- Who can get NIW?

To qualify, applicants must meet EB-2 criteria, have a degree, or demonstrate exceptional ability in their field. Qualifications include a bachelor's degree, significant professional experience, or evidence of significant contribution and recognition in one's field.

- What does “exceptional ability” mean in an EB-2 petition?

Exceptional ability indicates a level of knowledge that significantly exceeds the norm in science, art or business, this fact will have to be confirmed by extensive professional experience, significant achievements or significant contributions in the field.

- How to prove eligibility for EB-2 NIW?

Eligibility can be demonstrated by meeting the EB-2 criteria and passing a three-step test showing that the individual's work is of substantial merit and national importance, he is well positioned to advance that work, and it would be to the United States' advantage to grant the applicant authorization without requiring authorization to work and without making demands for labor certification.

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- What is the procedure for filing an EB-2 NIW petition?

An EB-2 NIW petition involves filing Form I-140 without prior employment certification.

- Is it difficult to secure an EB-2 NIW?

Although proving that an individual's work benefits the national interest can be difficult, a well-prepared case with adequate and convincing evidence has a significant chance of approval, although decisions are made by USCIS officers.

- What is the current approval rate for EB-2 NIW petitions?

According to USCIS statistics, the approval rate for NIW petitions is approximately 88.8%, with some law firms reporting even higher success rates based on their clients' cases.

- What is a Request for Additional Evidence (RFE) in NIW cases?

An RFE is issued by USCIS if the evidence provided in the NIW petition is insufficient to make a decision. It requires the individual to provide additional documentation to better assess the applicant's eligibility for this permit.

- What must a foreign national provide to demonstrate that he/she is “well placed to advance the proposed endeavor”?

The EB2 NIW petition must demonstrate that the alien is well placed to advance the proposed endeavor, that he/she has a strong reputation in his/her field, and that he/she can reasonably be expected to continue his/her employment successfully in the US. Examples of evidence include detailed letters from experts demonstrating the US government's interest in the claimant's research, documentation that the alien has played a significant role in projects funded by government grants, and evidence of the appropriate level of education, skills, knowledge, experience, and other notable the foreigner has achievements in his field, including prominent membership or media coverage.

- What evidence will best show that a foreigner will significantly contribute to national interests?

A variety of evidence must be provided to demonstrate how the alien meets the national interest waiver requirements.

Therefore, it is not enough to simply list the achievements of a foreigner. A holistic approach must be taken to ensure that the petition, letters of recommendation, and evidence together will establish that the foreign national is eligible for a national interest waiver.

List of Evidence Commonly Attached to EB2 NIW Petitions: Publications and citation records, letters of recommendation, government funding/grants, memberships in organizations, awards, published materials about the alien, patents, contracts, licenses and technology transfers, evidence that other rely on the work of a foreigner.

- Who do I contact to get letters of recommendation for my EB2 NIW (National Interest Waiper) petition?

A foreign national must obtain strong letters of recommendation from both "inner circle" and "outer circle" of colleagues.

An expatriate's inner circle includes those with whom he or she has worked directly either in academia or in business. Although these letters are often the most illuminating, they may carry less weight because they may be biased.

- If my EB2 NIW (National Interest Waiver) petition is denied, how long will I have to wait to reapply under EB2 NIW or other categories?

The law does not limit the time you can file your EB2 NIW petition after your previous application has been denied. A previously denied petition does not bar you from filing another petition later, regardless of which classification is involved. However, if your circumstances have not improved, it is not recommended to simply file a similar petition again.

- Consideration of NIW refusals and appeals

If an NIW is denied, applicants have the option to appeal the decision or file a petition for reopening or reconsideration with USCIS.

We will remind you! In June 2024, the US government announced a new policy to protect the spouses of undocumented US citizens. As expected, the application process started on August 19, 2024. Find out who is eligible for the On-Site Parole Program for Spouses of US Citizens and what documents are required to legalize in the US.

Igor Usyk - Head of Migration department at VisitWorld

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