EB-2 petitioners can avoid the sometimes time consuming and burdensome labor certification process by demonstrating that the foreign national should be granted a “national interest waiver.” When a national interest waiver is involved, the foreign national can “self-petition,” without the involvement of an employer.
In NIW petitions, the foreign national must show that his/her work is in an area of “substantial intrinsic merit”, is national in scope, and serves the national interest to a greater extent than labor certification requirements.
Additionally, the foreign national must provide documentation from at least 3 of the following 6 suggested types of evidence:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
How We Can Help
You can email your CV to firstname.lastname@example.org for a free initial evaluation. You should hear back from us within one business day. If you do not hear back from us within that time period, please call us at 301-263-4516.
In an NIW case, we will:
- advise you on strategies to enhance your credentials for increasing your chances of eligibility under this category;
- conduct a thorough analysis of your area of expertise to highlight your achievements in the field;
- draft and edit strong reference letters to support your petition;
- guide you in preparation of necessary documents;
- file the petition and required documents with the USCIS;
- respond to any subsequent USCIS request for evidence, if necessary;
- and walk you through the final stages of obtaining a green card, either via adjustment of status or consular processing.