The EB-2 National Interest Waiver is a part of the Employment-Based Immigration: Second Preference visa class. It allows the applicant to self-petition the visa directly with the US Citizenship and Immigration Services without the necessity of a job offer from a US employer.

More than that, this visa removes the need for the labor certification process, known as the Program Electronic Review Management system, because it usually takes up to one year.

To qualify for the EB-2 NIW, applicants must meet specific national interest waiver requirements, which include demonstrating that their proposed endeavor has substantial merit and national importance.

Normally, when applying for an EB-2 worker visa, a qualified US employer’s one must submit an application to the US Department of Labor titled the Application for Permanent Employment Certification, which must be certified.

This statute’s notion comprises the tactic allowing no qualified US workers for this position be easily present, and hiring a foreign-based worker for the job will not weaken the wages and efficiency of US workers.

Due to the NIW, this requirement banishes, allowing the applicant to elude a very long-lasting recruiting process.

Benefits of The EB-2 NIW Visa

The Immigrant Petition for Alien Worker, or Form I-140, is an essential component of the US immigration process for employers around the country seeking to hire foreign workers on a permanent basis and help them achieve permanent residence.

This key document is filed with the United States Citizenship and Immigration Service (USCIS), representing the first rung of what could be a climb to US employment-based immigration. It’s the employer’s way of initiating the application and expressing their intent to hire the foreign worker for a long-term position in the United States.

Form I-140 serves as a way to show the U.S. Citizenship and Immigration Services (USCIS) that a legitimate job offer exists from a U.S. employer and that the job meets certain eligibility factors.

At the end of the day, it is similar to asking one employer how suitable and trustworthy a foreign worker would be in relation to this particular task that an employee seeks, then settling on their qualification.

The process is a bit different when applying for the National Interest Waiver (NIW) by filing Form I-140 as compared to other employment-based immigrant petitions. The National Interest Waiver (NIW) is a provision in the law that allows certain foreign workers to apply for an exemption of the normal labor certification process.

Normally, employers have to show that they couldn’t find qualified U.S. workers for the job, but with the NIW, the foreign worker can apply on their own behalf.

This means they don’t necessarily need a job offer from a U.S. employer to be eligible for the waiver. Instead, they must demonstrate that their work would be in the national interest of the United States.

For both regular employment-based immigrant petitions and NIW petitions, the employer or the applicant must provide substantial evidence to support the claims made in the form. This evidence is usually in the form of academic qualifications, professional experience, publications, or letters of support.

While the approval rate is great news, it’s important to realize that some cases will indeed see denials. That makes 1,385 denied NIW visas in the fiscal year Q1 of FY2023. There are many reasons an application may be denied, such as not filling out the forms correctly or failing to prove that your endeavor falls within a national interest.

To avoid denials, it is crucial to meet all national interest waiver requirements, including demonstrating that the proposed endeavor has substantial merit and national importance. While filing for EB-2 NIW visa, the importance to have a good application is of utmost significance as it avoids any form of denials.

In providing a clear way for people with exceptional abilities based on the nature and or level of those abilities to be sponsored by an employer without needing a job offer, the EB-2 NIW visa category serves as a great exemption.

Though this visa type has quite a high approval rate, it is important for eligible candidates to substantiate their claims and have proper evidence on standby. As a result, when working with experts like Visa Franchise, individuals can benefit from the help they need to manage it.

But at the same time, it is just as important to bear in mind that certain petitions could be denied and this means a well-prepared submission should correspond with USCIS regulations.

The EB-2 NIW visa can be a powerful tool for talented individuals who bring new milestones in the way of contributing to its development and growth, if handled correctly.

Matter of Dhanasar Decision

The Matter of Dhanasar decision, released on December 27, 2016, marked a significant shift in the standards for obtaining EB2 NIW petitions. This landmark decision established a new framework for evaluating the merits of a proposed endeavor and its potential impact on the national interest.

Under this decision, applicants must meet three prongs to qualify for the national interest waiver: demonstrating substantial merit and national importance, being well-positioned to advance the proposed endeavor, and proving that the endeavor would benefit the United States.

Substantial Merit and National Importance