What is an EB-2 National Interest Waiver
The EB-2 NIW is the most coveted US immigrant route for foreign nationals wishing to settle and work permanently in the United States. Applicants having certain exceptional abilities or advanced degrees are freed from some standard immigration requirements. The EB-2 NIW is simply an extension of the EB-2 employment-based category for immigration, but labor certification and employer sponsorship are waived.
Key Benefits of the EB-2 National Interest Waiver
Knowing its fundamental benefits is necessary if you are considering applying for an EB-2 NIW. The following paragraphs delve into five major advantages of the EB-2 NIW.
1. No Employer Sponsorship Required
Typically, such benefits are available only under an employment-based visa category, such as the EB-2 standard visa itself, which requires a job offer from a U.S. employer. Here, the applicant can self-petition by merely qualifying for its provisions; no employer sponsorship is required.
You are not pinned down by any sponsor employer during the EB-2 NIW process so you can apply without having somewhere to work in the U.S. This is a very good option for high-skilled specialists who may want to pursue their opportunities in the U.S. without being tied to one specific employer. For example, professionals in technology, health, or science may apply for EB-2 NIW based on work that would be considered to be in the national interest of the United States even when there is no existing offer of employment at the time of their application.
Moreover, self-petitioning presents a wider scope for flexibility because applicants can work in various fields related to their expertise instead of being subject to a specific employer-sponsored position.
2. Exemption from Labor Certification
Another benefit of the EB-2 NIW is that it waives labor certification, which is usually required under other employment-based immigration categories. Labor certification is a procedure wherein the employer of a job position sponsored by a foreign worker proves that no qualified U.S. workers are available for that job position. The labor certification process may take a long time to obtain, may be very costly, and requires heaps of documents.
Apart from the fact that the petitioners are free from the labor certification requirement, the need to prove the unavailability of U.S. workers for a specific job does not apply to them. They have to show that at least their work would be in the national interest of the United States. It means showing that what they are doing with their skills, knowledge, and work will significantly benefit the economy, culture, health, or welfare of this country.
A labor certification exemption would take a process that requires a significant amount of time and expense for applicants and eliminate that. It would further relieve a significant burden for professionals who may not have an employer willing or able to go through the labor certification process.
3. Faster Path to Permanent Residency
The EB-2 National Interest Waiver offers a relatively accelerated route to permanent residency in the United States vis-a-vis other visa categories. Because of skipping labor certification and employer sponsorship, applicants usually have shorter processing times. While processing times may vary, the elimination of extra steps typically speeds up green card approval.
Countries with less visa backlog (especially countries with no long waiting time for EB-2 applicants) apply the EB-2 NIW process much quicker. Certain applicants may simultaneously file for Adjustment of Status (AOS), which in turn further reduces the processing time and allows an applicant to remain legally inside the U.S. while their green card application processes.
Though there are many complexities and delays in getting the traditional employment-based immigration application runs, the EB-2 NIW turned out to be a better alternative for fast-track processing in case they are highly skilled foreign nationals.
4. Family Members Can Also Benefit
One big advantage of the EB-2 National Interest Waiver is that it allows family members to apply for permanent residence as well. When applying for one of these two classes, the applicant will include their spouse and children under 21 years old in the green card application. When your application is granted, it means that all immediate family members will also become legal permanent residents of the U.S.
This family-friendly option benefits you under the EB-2 NIW because you will bring your family to the U.S. without having to go through a completely separate immigration procedure for each member. Family relatives can also qualify to apply for employment authorization so that they can also work as their green card application is pending. All these make the EB-2 NIW more appealing for professionals who seek to relocate with their families and enjoy new lives together.
5. Eligibility for a Broad Range of Professions
In contrast to different categories of visas that may be restricted according to certain professions or industries, the EB-2 national interest waiver remains open to individuals within an extensive range of fields. This looser requirement has become one of the much-desired advantages of the EB-2 NIW. An applicant must have an advanced degree or exceptional ability in a particular field, but the work doesn’t have to be tied to a specific industry.
Depending upon the line of work, a set aim of national interest in favor of the U.S. must be achieved. It may be in the arena of science, technology, engineering, healthcare, education, business, or arts. How about being a research scientist making advancements in medicine, an engineer with innovative technology, or someone developing jobs with a new startup? Any of these would be examples of work in the national interest for EB-2 NIW consideration.
This broad eligibility allows the enrollment of highly skilled individuals, irrespective of their different professions, toward EB-2 NIW applications, as long as they can prove national importance in their field. It also encourages the individual to contribute to groundbreaking core or pivotal sectors like public health, environmental sustainability, or even national security.
Conclusion
This EB-2 National Interest Waiver encompasses various benefits that prove it to be a better option for exceptional professionals looking to settle permanently in the United States. The EB-2 NIW comprises factors that arouse interest and offer easy access for many foreign nationals self-petitioning without needing an employer sponsor, being exempt from labor certification. A quicker processing time, eligibility of family members, and a wide field of professions.
EB-2 NIW affords protection for professionals holding advanced degrees or those practitioners of exceptional ability who can establish that their work would substantially benefit the nation. It is recommended that an applicant under EB-2 NIW contact an immigration attorney for clarification of the precise requirements applicable to him or her and to maximize that person’s chances for success. Thus, through EB-2 NIW, you will be in a position to work for this great nation and secure a brighter future for yourself and your family.
