Answers To Everything You Want To Know About EB-2 Waivers
EB-2 visas, also called national interest waivers (NIWs), are often overlooked as a pathway to a green card. If you are interested in applying for EB-2 NIW visa, Tatiana S. Aristova can explore this option with you and guide you toward permanent residency. With more than 22 years of experience as an immigration attorney, she understands exactly what it takes to secure approval as an NIW applicant.
On this page, she responds to some frequently asked questions about EB-2 NIWs.
What is an EB-2 national interest waiver?
EB-2 national interest waiver application allows immigrants to self-petition and seek a waiver of a Labor Certification requirement if the applicant’s permanent residence would benefit the national interests of the United States. This is an excellent alternative for accomplished and ambitious professionals who want to benefit the United States via their skills and knowledge, but do not fit the strict requirements of EB-1 immigration category.
What is the difference between an EB-2 visa and an EB-2 NIW?
To secure an EB-2 employment-based visa, your employer will need to file an application for Labor Certification and secure an approval from the Department of labor before you can seek an immigrant visa from the USCIS. These steps are not necessary for an EB-2 NIW. This way, the applicant may secure the green card faster and without the significant expense involved in obtaining the Labor Certification if the applicant can satisfy the requisite criteria and prove that the applicant’s prospective employment would benefit the US national interest. This is also an important pathway for self-employed business owners who are traditionally excluded from the Labor Certification process.
What are the criteria for an EB-2 NIW?
First, you must meet the criteria for eligibility for a standard EB-2 visa. This includes holding an advanced degree or having an exceptional ability. To prove the national interest in your proposed endeavor, you must also meet three additional criteria:
- You’re proposing to implement an endeavor in the U.S. that has substantial merit and national importance for the US.
- You are well-positioned to implement your proposed endeavor.
- It would be in the national interest of the U.S. to waive the usual labor certification process for you.
To get a better idea of whether you meet the eligibility requirements, get in touch with an immigration lawyer.
What are some examples of work that benefits the national interest?
A wide variety of endeavors can have substantial merit and national importance. If you have a solid foundation for a business that could have a national scope or impact, an EB-2 NIW might be the right option for you. You do not necessarily need to run a multimillion-dollar company, invent a high-tech gadget or be a rocket scientist. Contact Tatiana Aristova to discuss your proposed endeavor, and she will help you determine if you qualify.
Ask Whether A National Interest Waiver Is Right For You
If you are interested in gaining permanent residency via the National Interest Waiver Process, sit down with Ms. Aristova to discuss whether you qualify for an EB-2 NIW. You can schedule the initial consultation with her by texting her at 215-350-7972 or using her online contact form.