Applying For an EB2 Visa Using a National Interest Waiver

February 6, 2023
RelisLaw

Those eligible for an employment-based, second preference (EB2) visa are typically educated professionals in a field that has workforce needs that cannot be met quickly enough. These individuals show exceptional abilities and have a standing job offer from an employer within the U.S. However, those with exceptional abilities without a job offer and even without any university degree, can still apply for an EB2 visa by using a National Interest Waiver

What does “national interest” mean?

National interest is a very broad term that encompasses a variety of criteria that essentially improve the quality of life for people within the U.S. Some examples include creating jobs or increasing economic growth in underdeveloped areas. An individual of “national interest” should have the skills and abilities to improve the quality of life or facilitate learning programs that lead to the improvement of the U.S. economy overall. 

Eligibility Requirements

The eligibility requirements for an EB2 national interest waiver visa petitioner were outlined in 2016 in the Matter of Dhanasar by the United States Citizenship and Immigration Services. The applicant must propose an “endeavor” that has “both substantial merit and national importance.” The Matter of Dhanasar creates considerations using this “three-prong” approach:

Prong 1: The specific endeavor needs to pertain to fields considered of national importance, such as business, science, technology, culture, healthcare, or education, and have the potential to make a great impact.

Prong 2: The applicant needs to have evidence that they’re capable of carrying out their plan. Factors to be considered include their level of education and their past record of success. Interest from potential stakeholders and investors is also important as it shows that there is a need for their endeavor in the first place.

Prong 3: The prospective benefit of the applicant accomplishing their endeavor needs to outweigh the need for them to be employed. In some ways, a job might be considered a hindrance to them accomplishing their goal, thus enabling them to waive the job offer requirement.

How Can I Start the Process?

Every Petitioner will have to meet different specific requirements depending on their chosen field and the nature of their endeavor. You can start some of the preliminary documentation by updating your resume, collecting transcripts from any educational institutions you have attended, and requesting letters of recommendation from former colleagues, employers, mentors, or leaders within your chosen field.

If you’re ready to take the next step in obtaining your Green Card or want to know more about the EB2 NIW program and whether you qualify, contact the legal team at RelisLaw by filling out this form or calling 1-866-918-2117 to schedule an appointment.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.

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