EB-2 and the National Interest Waiver

Visa overview

EB-2 is the second employment-based preference, for professionals holding an advanced degree or its equivalent, and for people with exceptional ability in the sciences, arts or business. Ordinarily it requires an employer sponsor and labour certification — a process testing whether qualified US workers are available. The National Interest Waiver removes both requirements where the applicant can show that their proposed endeavour has substantial merit and national importance, that they are well positioned to advance it, and that on balance it benefits the United States to waive the usual sponsorship. The NIW is therefore the route most often considered by researchers, founders and specialists without a US employer.

Who may qualify

• Professionals with a master’s or doctorate, or a bachelor’s degree plus at least five years of progressive experience
• People with exceptional ability in the sciences, arts or business, evidenced against the listed criteria
• Researchers and specialists whose work addresses a problem of national importance (NIW)
• Founders and entrepreneurs whose venture has substantial merit and national importance (NIW)

This is general information about the category, not an assessment of your circumstances.

Key requirements

• An advanced degree or its accepted equivalent, or evidence of exceptional ability
• For the standard route, an employer sponsor and an approved labour certification
• For the NIW, a clearly articulated proposed endeavour of substantial merit and national importance
• For the NIW, evidence that you are well positioned to advance that endeavour — record, skills, plan and progress to date
• For the NIW, a reasoned case that waiving the job offer and labour certification benefits the United States on balance

Typical application process

1. 1Confirm the advanced-degree or exceptional-ability basis and gather credential evidence
2. 2For the standard route, the employer completes recruitment and files for labour certification
3. 3For the NIW, draft the proposed endeavour statement — the document the case turns on
4. 4Assemble supporting evidence: publications, citations, adoption of your work, funding, independent letters
5. 5File the immigrant petition, self-filed under the NIW or employer-filed on the standard route
6. 6Respond to any Request for Evidence
7. 7File for adjustment of status or complete consular processing once a visa number is available

Documents commonly required

• Degree certificates, transcripts and a credential evaluation for foreign qualifications
• Evidence of progressive experience where relying on a bachelor’s plus five years
• The proposed endeavour statement and supporting plan (NIW)
• Publications, citation analysis and evidence that others have adopted or built on your work
• Independent expert letters addressing merit, national importance and your positioning
• Grant awards, funding letters, contracts or letters of intent
• For the standard route, the labour certification and the employer’s offer

Typical processing considerations

The standard EB-2 route carries the additional duration of recruitment and labour certification before the petition can even be filed. Both routes are then subject to petition processing and to visa availability for your country of chargeability, which for some countries is the dominant factor. NIW cases also vary widely in preparation time, because the endeavour statement and supporting evidence take longer to assemble than most applicants expect. No date or outcome can be guaranteed.

Common questions about the EB-2 / NIW