National Interest Waiver
(EB1 & EB2 GreenCard)

NIW is a petition for an employment-based immigrant visa under the second preference (EB-2). NIW is a provision within the United States immigration law that allows certain foreign nationals to bypass the cumbersome labor certification process typically required for employment-based green cards (EB-2 category). This waiver is available for individuals whose work is deemed to be in the national interest of the United States. The NIW is primarily intended for individuals with exceptional abilities or those who possess advanced degrees (such as a Master’s or Ph.D.) in their field. However, it is not limited to these categories and can apply to individuals in various fields, including science, technology, engineering, mathematics (STEM), healthcare, business, education, and others. Successful applicants and their families are granted permanent residency, providing them with the right to live and work in the United States indefinitely.

The EB1 visa is a US employment-based immigrant visa that offers a pathway to permanent residency for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers. This visa category is highly sought after due to its priority status, often allowing for faster processing times compared to other visa categories. To qualify, applicants must demonstrate exceptional achievements in their field, such as receiving major awards, publishing influential work, or holding a critical role in a multinational company. The EB1 visa does not require a labor certification, making the application process more straightforward. It is divided into three subcategories: EB1-A for individuals with extraordinary abilities, EB1-B for outstanding professors and researchers, and EB1-C for multinational executives and managers. One of the key benefits of the EB1 visa is that it often does not require a job offer, particularly for the EB1-A category, allowing for self-petition. Successful applicants and their families are granted permanent residency, providing them with the right to live and work in the United States indefinitely.

Frequently Asked Questions

The difference is that you need an employer to sponsor a regular EB-2 visa while you can sponsor your EB-2 NIW yourself. The employer must also obtain a labor certification before submitting an I-140 petition on your behalf. On the other hand, an NIW allows you to file your I-140 directly to the USCIS.
PERM Labor Certifications are not required for those categorized as beneficial to the national interest, although they are required for other EB-2 beneficiaries. Based on our experience, a letter accompanied by the NIW from the interested sponsor can benefit the visa case.
The terms outlining an advanced degree (as characterized by USCIS) include a United States master’s degree or higher or a foreign equivalent degree.
No, you only need to meet the requirements for one of the two criteria. Though meeting the USCIS definitions of the two National Interest Waiver requirements will be advantageous, it is not compulsory. With either of the two and a convincing petition, prepared by an experienced EB-2 immigration consultant, you should be good to go.
You are not required to reside in the U.S. to apply for an NIW. However, if you are not in the U.S. when you petition for your EB-2, you cannot adjust your status to that of a legal permanent resident. Instead, you must go through consular processing for your green card.

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