What You Need to Know About Securing an EB2-NIW Visa

Published: January 14, 2025

In 2022, the US Citizenship and Immigration Services (USCIS) modified the policy guidance on how adjudicators assess National Interest Waiver (NIW) petitions. Because of these changes, NIW in an employment-based immigrant status (EB-2) category turns out to be a more viable pathway for certain foreign nationals. 

It’s no wonder that the EB-2 NIW filings continued to increase, with 39,810 petitions in FY 2023. That’s approximately twice higher from 21,990 filings in FY 2022. However, not everyone is eligible to obtain an EB2-NIW visa. Due to the extensive documentation required to satisfy the criteria, EB2 petitions with NIW are among the more challenging ones to prepare. 

ALG Lawyers can guide you through your immigration concerns at every stage of the process. For starters, let’s break down the essential things you need to know about securing an EB2-NIW visa, from eligibility requirements to the application process as well as strategies for success. 

Overview of the EB-2 NIW Category

Generally, you need a job offer and labor certification to secure a visa under the EB-2 preference. However, the EB-2 NIW category allows you to bypass that cumbersome process provided that the waiver outweighs the need to protect US workers through labor certification. Moreover, it enables you to self-petition, meaning you’re not required to find a US employer to sponsor your application. 

Essential Requirements for EB-2 NIW Eligibility

You must satisfy certain criteria to prove your eligibility for an EB-2 NIW visa and the significance of your work. Below are the two primary categories of qualifications required to be eligible under this employment-based category. 

EB-2 visa requirements

You must first meet what the EB-2 visa category generally requires. Most NIW green card applicants easily satisfy the EB-2 eligibility test by demonstrating either one of the following:

• You finished a master’s degree or a higher degree. Another way is to hold a bachelor’s degree with a minimum of five years of experience. 
• You have shown exceptional ability in your field through relevant work experience, relevant work experience, and recognition from peers. 

NIW criteria 

Your work and skill set must be of national interest to the US so that the job offer requirements can be waived. USCIS balances different factors to evaluate your eligibility for this National Waiver test, which involves meeting the following elements: 

• The work you proposed exhibits considerable merit and national importance.
• Your qualifications make you suitable to advance the proposed work. 
• The US would benefit from waiving the employment offer and labor certification requirements. 

Strategies for a Successful EB-2 NIW Application

The EB-2 NIW visa gives you a streamlined pathway to acquiring permanent residency in the US. Yet, despite its high approval rate, meticulous preparation is crucial to ensure a smooth application process. Follow the following strategies for a successful EB-2 NIW application: 

• Support your qualifications with detailed evidence, such as transcripts, diplomas, and recommendation letters. 
• Seek recommendation letters from credible sources, such as industry leaders and professionals who can validate your contributions. 
• Craft a well-defined endeavor and prove you’re well-positioned to advance it by elaborating on your relevant experience and accomplishments. 
• Your application should highlight US national interest by specifying how your work contributes to scientific advancements, job creation, and healthcare improvements. 
• Demonstrate how waiving the labor certification will be advantageous to the US economy. 
• Make your application compelling to the USCIS with the assistance of an immigration lawyer. 

 

Increase Your Chances of EB-2 NIW Approval

Working with an experienced immigration lawyer is critical in increasing your chances of EB-2 NIW approval. ALG Lawyers, Los Angeles Immigration Lawyers, can help ensure your application is well-documented with relevant proof and satisfies all the legal requirements. Connect with our firm today to address any of your immigration-related concerns.