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.

H-1B Visa Tip


If you are an F-1 student attending a for-profit institution and you wish to apply for H-1B, you must apply under the general quota, not the master’s quota.

Before applying for H-1B:
• Talk with your Designated School Official (DSO) and ask if your school is for-profit or nonprofit.
• If your school is for-profit and you apply under the Master’s Quota, USCIS will deny your case. That’s money and time wasted.

Make sure you inform your employer and attorney to avoid unnecessary denial.

For-Profit Schools Exclusion – Degrees from for-profit universities do not qualify under the master’s cap, even if they are accredited. Students who graduate from such institutions must apply under the regular H-1B cap (65,000 slots), not the master’s cap (additional 20,000 slots).