Key Benefits of the EB-2 NIW

Obtaining an H-1B visa can be challenging due to the lottery system, annual caps, and renewal uncertainties. However, the EB-2 National Interest Waiver (NIW) offers a compelling alternative for long-term employment in the U.S., allowing individuals to self-petition without the need for employer sponsorship.

Key Benefits of the EB-2 NIW:

• Self-Petitioning: Applicants can file on their own behalf, eliminating the need for a job offer or employer sponsorship.

• No Labor Certification Required: The NIW waives the labor certification process, streamlining the path to permanent residency.

• Direct Path to Green Card: Successful applicants can obtain permanent residency, providing greater job flexibility and security.


EB-2 Categories

1. EB-2(A): Advanced Degree
• The applicant must have a U.S. master’s degree (or higher) or a foreign equivalent.
• Alternatively, a bachelor’s degree plus at least five years of progressive work experience in the field may qualify.
• A U.S. employer must sponsor the applicant and obtain a PERM labor certification.

2. EB-2(B): Exceptional Ability
• The applicant must demonstrate exceptional ability in the sciences, arts, or business.
• “Exceptional ability” means a degree of expertise significantly above what is typically found in the field.
• The applicant must meet at least three of the following:
• Official academic record showing a degree, diploma, or certificate related to the field.
• At least 10 years of full-time experience in the field.
• A license or certification to practice the profession.
• Recognition for achievements and contributions to the industry.
• Membership in professional associations.
• A salary that reflects exceptional ability.
• A U.S. employer is generally required for sponsorship and a PERM labor certification is needed.

3. EB-2(C): National Interest Waiver (NIW)
• This subcategory allows applicants to self-petition (no employer sponsorship required) if their work significantly benefits the U.S.
• The applicant must prove:
• Their work has substantial merit and national importance.
• They are well-positioned to advance the work.
• Granting the waiver is in the national interest (e.g., it benefits the U.S. economy, health, or technology).
• PERM labor certification is not required.