To be eligible to file an EB2 – National Interest Waiver (NIW) petition, an applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. An applicant must also demonstrate that they seek employment in an area of substantial intrinsic merit to the U.S., that the benefit from their proposed activity will be national in scope, and that the requirement of a Labor Certification for the candidate will adversely affect the national interest. Each EB2 – NIW application is evaluated on its individual merits and the burden of proof is always on applicants.

To be considered for an NIW an applicant must meet at least three of the following criteria and demonstrate that it is in the national interest that they work permanently in the U.S.

• An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
• Letters documenting at least 10 years of full-time experience in their occupation
• A license to practice their profession or certification for their profession or occupation
• Evidence that they have commanded a salary or other remuneration for services that demonstrate their exceptional ability
• Membership in a professional association(s)
• Recognition for their achievements and significant contributions to their industry or field by their peers, government entities, professional, or business organizations

NIW petitions can be filed both by applicants themselves or by their U.S. employers. There are no established rules or statutory standards regarding what is considered as “National Interest”. USCIS considers each case on an individual basis. While determining whether admission of an applicant would be “in the national interest”, the following factors are considered:

• Whether the applicant’s admission will benefit the U.S. economy
• Whether the applicant’s admission will improve the working conditions and wages of U.S. workers
• Whether the applicant’s admission will improve training and educational programs benefiting the U.S. under-qualified workers and children
• Whether the applicant’s admission will help create more affordable housing for the young, aged, or poor U.S. residents
• Whether the applicant’s admission will improve the environment and lead to better use of natural resources
• Whether the applicant’s admission is requested by an interested U.S. government agency
• Whether the applicant will help improve health care

Obtaining approval for NIW petitions became more difficult after the economic slowdown and the tightening of the U.S. immigration policy. Therefore, it is highly recommended that you seek professional assistance from experienced immigration professionals when applying. 

Joorney Business Plans writers have extensive experience in presenting applicants’ capabilities in line with the NIW requirements. Joorney Business Plans has helped hundreds of immigration attorneys on thousands of EB2 – NIW applications.