Are you a successful, hard-working, and well-educated immigrant looking to start a life in the United States? If so, the EB-2 National interest waiver may be the perfect application for you.
Most employment-based visa petitions have earned the notorious reputation amongst immigration experts as timely, inefficient, and often unsuccessful. The harsh reality is, many of these employment-based applications require too many moving parts that are often bound to fall through.
For instance, many similar processes require applicants to have job offers, work certifications, and other parts of the application that are, quite frankly, difficult to obtain before actually immigrating. When applicants need to rely on offers and certifications from employers or other oversea connections, the application process naturally becomes more timely and difficult.
With USCIS’ EB-2 National Interest Waiver, this program allows eligible applicants to bypass many of the obstacles that employment-based visa petitioners have to face.
For one, qualified immigrants can apply for a “National Interest Waiver” (NIW) which essentially allows a foreign national (the applicant) to self-petition. When applicants are self-petitioning, they are filing an I-140 on behalf of himself/herself without the sponsor or endorsement of an outside employer/labor certification application.
Naturally, applying for such an important waiver that saves time, money, and headaches requires a well-crafted application highlighting the individual’s assets.
Characteristics that will positively influence an applicant’s chances include but are not limited to:
- Applicant’s proposed endeavor/career is considered by the USCIS to have substantial merit and national importance. Areas of interest may include business, science, technology, health, culture, or also education.
- Applicant is equipped with the necessary tools to advance the proposed career goals. In other words, USCIS will look beyond an applicant’s proposed interests and goals. Consular officers will evaluate the applicant’s achievements (education, experience, skills) in order to evaluate the applicant’s position.
- The benefits (for the U.S. and individual) the applicant applying with NIW outweigh the advantages of not having the original requirements waived. In other words, the time, money, and resources spent requiring the original process would be outweighed if the applicant were given an expedited immigration process.
In short, these three general “buckets” or main ideas are areas of interests that help an USCIS consular officer assess the applicant’s merits and potential. Fulfilling these three areas of interest have historically increased an applicant’s chances of success in the EB-2 process.
With application waivers such as these, it is highly advised to seek legal experts with superb writing skills. Legal experts that specialize in immigration matters are well experienced with these waiver applications and understand what USCIS officers are looking for.
With the help of the right legal team, EB-2 applicants can be confident that they are sending in the most compelling applications that highlight their most important accomplishments and potential.
This is an immigration legal blog. It is not intended to be used as legal advice.
For further information please contact the law offices of attorney Ramona Kennedy.
Ms. Ramona Kennedy received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA).
She is licensed to practice in the United States Supreme Court, US Immigration Courts, California Federal Courts of Southern & Central District & All California Courts. Ramona Kennedy is fluent in English and Farsi (reading & writing).
Email: Kennedycounsel@gmail.com
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The United States offers various visa classifications that a foreign national may apply for. Some of these visas are immigrant type visas, such as the EB-2 visa. Some are non-immigrant type visas. Sometimes, when applying for a visa, a job offer must be on the table for the foreign national. The EB-2 visa offers a way around that requirement so that the applicant does not need a job offer or labor certificate. The EB-2 visa allows the foreign national to submit a National Interest Waiver, or NIW for short.
Similar to an EB1 visa, and EB2 visa is an employment-based visa. This is the second preference category. Typically, to qualify for the EB2 visa, the foreign national must have a permanent job offer waiting for them once they are granted a visa. Furthermore, it is also required that the foreign national obtain an approved labor certificate.