EB2 NIW (National Interest Waiver) allows foreign nationals with exceptional abilities in their field of work to live and work in the United States a lawful permanent resident.

The EB2 category typically requires a job offer from a U.S. employer and a labor certification, which involves proving that there are no qualified U.S. workers available to fill the job position. However, the National Interest Waiver allows the applicant to waive the requirement of a job offer and labor certification, provided that their work is deemed to be in the national interest of the United States.

Applicants can obtain residency without needing an employer to sponsor them and without having to go through the lengthy process of labor certification.

EB-2 visas are intended for two categories of applicants: (1) those who belong to professions that require an advanced degree (or its equivalent); or (2) those who can demonstrate in some other way an “exceptional ability” in their specific field, whether in science, arts, medicine, business or athletics, that would significantly benefit the national economic, cultural or educational interests or the welfare of the United States. Applicants in the first group must be seeking a job in the United States that requires an advanced degree (such as a university degree and five years of progressive experience in the field) and meet the necessary job qualifications. As for visas for applicants with extraordinary abilities, they must demonstrate that their ability is “significantly superior” to what is normally found.

The applicant must demonstrate the following three criteria:

  1. The foreign national’s proposed endeavor has both substantial merit and national importance,
  2. The foreign national is well positioned to advance the proposed endeavor, and
  3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification in the EB-2 category.

The applicant does not need to prove that their endeavor will be successful, but rather that they are in a good position, based on their education, specific knowledge, and professional history, to obtain success.