EB2 NIW (National Interest Waiver)

Key Requirements

Advanced Degree or Exceptional Ability: Applicants must possess an advanced degree (Master’s or higher) or show exceptional ability in their field (arts, sciences, business, etc.).

‍National Interest: The applicant’s work must be in the national interest of the U.S. by contributing to areas such as the economy, education, healthcare, or technology. Specific examples could include work in public health, scientific research, or improving national infrastructure.

‍Self-Petition: Unlike other employment-based visas, individuals do not need a U.S. employer to file the application. Instead, they can file the I-140 petition themselves.

‍No Job Offer Required: Since the NIW waives the job offer requirement, candidates do not need to secure employment in the U.S. before applying.

  Eligibility Criteria

Advanced Degree: A U.S. degree or a foreign equivalent that is above the bachelor’s level. If only a bachelor’s degree is available, five years of progressive work experience in the field may be considered equivalent to an advanced degree.

Exceptional Ability: Applicants must demonstrate at least three of the following:

1- Official academic record showing a degree or certificate.
2-Letters from current or former employers showing 10 years of full-time experience in the occupation.
‍3-License or certification to practice the profession.
4-Evidence of salary or remuneration that demonstrates exceptional ability.
5-Membership in professional associations.
6-Recognition for achievements and significant contributions in the field by peers, government entities, or professional/business organizations.
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National Interest Contribution: This requires showing that the applicant's work has substantial merit and benefits the U.S. in areas of significant interest. The following factors can support a national interest waiver:

Application Process

1. Form I-140 Petition: The primary document to apply for the EB-2 NIW visa is Form I-140, Immigrant Petition for Alien Workers.

‍2. Supporting Documents: Evidence of qualifications, national interest proof, professional recognitions, letters of recommendation, etc.

‍3. Processing Time: Regular processing can take 12-18 months. Applicants may opt for premium processing for faster approval (within 45 days).

‍4. Adjustment of Status: If the I-140 is approved and the applicant is in the U.S., they can file for Adjustment of Status (Form I-485) to become a permanent resident (Green Card holder).
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Benefits of EB-2 NIW Visa

No Employer Sponsorship Needed: Applicants can self-petition, making the process more flexible.
‍Permanent Residency: Successful applicants and their families (spouse and unmarried children under 21) can apply for Green Cards.
‍Freedom to Work: After obtaining a Green Card, the applicant can work for any employer or start their own business in the U.S.

Final Notes

The EB-2 NIW is an excellent option for professionals from Pakistan or other countries who meet the advanced degree or exceptional ability criteria and can demonstrate their work is in the national interest of the U.S. Applicants should ensure that all documentation is thoroughly prepared, including evidence of qualifications, letters of recommendation, and national interest proof to maximize their chances of success.