EB2 NIW Approval Rate and Denial Rate for 2024
However, in 2023, the eb2 niw approval rate experienced a slight dip to 80%, with a total of 31,750 cases approved. Despite this decrease...
Written by
Facundo Bermúdez
Published on
28 Jul 2023
Table of Contents:
The United States Citizenship and Immigration Services provides several employment based immigrant visa categories; The EB-2 National Interest Waiver is one of the unique among them.
This type of work visas does not require a US job offer, which is a big difference from other options; thus, applicants prefer the EB-2 National Interest Waiver. This article will introduce and analyze this visa, as its EB2 NIW approval rate and the rate of denials will be presented below.
EB-2 NIW Visa: Understanding the National Interest Waiver Concept
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
EB-2 NIW Visa This visa allows applicants who will work and contribute to the US in areas of substantial merit and national importance.
It helps the nation to grow and develop as a whole with skilled people working on different important activities that are contributing in the progress of the country.
EB-2 NIW visa: This is also a green card process. Those who are approved receive a green card, which allows them and their families to immigrate legally and secure permanent residency in the country.
That provides stability and security for the beneficiary, as well as any family members.
Eligibility Criteria: Who Qualifies for the EB-2 NIW Visa?
First and foremost, one must satisfy the eligibility criteria for EB-2 classification. It is intended for foreigners who have an advanced degree or its equivalent or exceptional ability in their respective domain.
In the former, the applicant must have the baccalaureate or foreign equivalent degree, as well as “five years of post-baccalaureate progressive work experience in the specialty”.
In the latter, the individual should show exceptional ability, which, in the opinion of USCIS, refers to “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”.
Once these criteria are met, there are specific requirements for an individual to qualify as an NIW applicant:
- the applicant’s proposed endeavor has both substantial merit and national importance;
- the applicant is well positioned to advance the proposed endeavor
- Demonstrating that the proposed venture would be in the national interest of the United States to make sure of both a job offer and labor certification.
How Visa Franchise Can Help with the EB-2 NIW Visa Process
The process of getting an EB-2 NIW visa is difficult to say the least, but with help, it can be mostly manageable. This is where Visa Franchise can help. Visa Franchise can guide you through the green card application process, including filing the I-140 petition and applying for Adjustment of Status or Immigrant Visa Processing.
The solution for you is Visa Franchise, who assists professionals and entrepreneurs in identifying and analyzing the best investment businesses to obtain legal U.S. residency hundreds of times a year. 15 days for temporary status(E-2/L-1 Visa); Less than 1 year for permanent green cards(EB-1C/EB-NIW).
Since we were founded in 2015, more than 1,200 immigrants from over 65 countries have gone on to realize their very own American Dream. We use our string of franchises/attorneys, number limited due diligences and we collaborate closely with an experienced immigration attorney to ensure quick results for you.
We work with an immigration attorney to provide a soft-landing solution for when you start living in the United States.
EB2 NIW Approval Rate and Denial Rate
EB2 NIW Approval Rate
EB2 NIW approval rate for STEM professionals
STEM job types such as software engineers, biomedical researchers and data scientists displayed a healthy approval rate of 93 % in the year 2021, creating hopes from this stand point. For STEM professionals, understanding the priority date is crucial as it affects the timing for filing subsequent forms like Form I-485. Moreover, in 2022 this trajectory continued with a significant increase as it advanced to up t0 95%.
By 2023, however, a gentle dip of about 2% in the approval rate had started to take shape (approval rates dipped from nearly every job reaching an above-90%-level at one point to sinking back down just under this threshold), and our exploration around potential drivers for such comparisons now extends itself more broadly across these critical industries.
EB2 NIW approval rate for Non-STEM professionals
The same cannot be said for other job types such as non-STEM. From 71% in 2021, the upward move began to reach an impressive figure of 81% by 2022. This was a positive aspect that happened over time. But it took an abrupt downturn in 2023 to just a 66 percent change in store.
Non-STEM professionals may also qualify for the EB2 NIW by demonstrating extraordinary ability in their field, which is a key criterion for the EB1-A visa classification. Unpacking the mechanics of why this fall took place suggest that non-STEM employment approval rates may be influenced more heavily by other factors that deserve further scrutiny.
Form I-140
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.
Filing Form I-140
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.
Denials of the EB-2 NIW Visa
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
To satisfy the first prong of the Matter of Dhanasar decision, applicants must show that their proposed endeavor has substantial merit and national importance. This means providing evidence that their work will have a significant impact on the United States. Examples of such evidence include:
- Improving the U.S. Economy: Demonstrating how the proposed endeavor will create jobs, stimulate economic growth, or contribute to the financial stability of the country.
- Enhancing National Security: Showing how the endeavor will strengthen the nation’s security measures or defense capabilities.
- Advancing Scientific or Technological Knowledge: Providing evidence of contributions to scientific research, technological innovation, or advancements in critical fields.
- Improving Healthcare or Education: Highlighting how the endeavor will enhance public health, medical research, or educational systems.
- Promoting Cultural or Artistic Development: Demonstrating the endeavor’s potential to enrich the cultural or artistic landscape of the United States.
Applicants must also prove that their proposed endeavor is nationally important, meaning it has a broad impact on the United States rather than just a local or regional effect.
Well-Positioned to Advance the Proposed Endeavor
The second prong requires applicants to demonstrate that they are well-positioned to advance their proposed endeavor. This involves providing evidence of their qualifications, experience, and ability to successfully implement their plans. Key elements to include are:
- Relevant Education and Experience: Documenting academic qualifications and professional experience that align with the proposed endeavor.
- A Strong Track Record of Success: Showcasing past achievements and successes in the applicant’s field.
- A Clear Plan for Implementation: Outlining a detailed and feasible plan for how the proposed endeavor will be carried out.
- Ability to Secure Funding or Resources: Providing evidence of financial backing, resources, or partnerships necessary to support the endeavor.
Beneficial to the United States
The third prong requires applicants to demonstrate that their proposed endeavor will be beneficial to the United States. This can be achieved by providing evidence of the potential positive impacts, such as:
- Economic Benefits: Highlighting how the endeavor will contribute to economic growth, job creation, or financial stability.
- Impact on National Security or Public Health: Demonstrating how the endeavor will enhance national security measures or improve public health outcomes.
- Improving Quality of Life: Showing how the endeavor will positively affect the quality of life for U.S. citizens.
- Promoting Cultural or Artistic Development: Providing evidence of the endeavor’s potential to enrich the cultural or artistic landscape of the country.
Supporting Evidence for EB-2 NIW
To support their EB-2 NIW petition, applicants must provide comprehensive evidence that demonstrates their eligibility for the national interest waiver. This evidence should clearly show how the proposed endeavor meets the criteria established by the Matter of Dhanasar decision.
Publications and Citations
Publications and citations are crucial in demonstrating an applicant’s exceptional ability and the national importance of their proposed endeavor. Applicants can strengthen their petition by including:
- Peer-Reviewed Articles or Publications: Providing copies of articles published in reputable journals or other scholarly publications.
- Citations in Reputable Sources: Documenting instances where the applicant’s work has been cited by other experts in the field.
- Awards or Recognition: Highlighting any awards, honors, or recognition received for their work.
- Letters of Recommendation: Including letters from experts in the field who can attest to the applicant’s qualifications and the significance of their proposed endeavor.
Additionally, applicants can provide evidence of the proposed endeavor’s potential impact, such as:
- Market Research or Analysis: Presenting data or reports that support the feasibility and potential success of the endeavor.
- Business Plans or Financial Projections: Outlining detailed plans and financial projections that demonstrate the viability of the endeavor.
- Letters of Support: Including letters from potential customers, partners, or stakeholders who support the endeavor.
- Evidence of Funding or Investment: Providing documentation of any financial backing or investment secured for the endeavor.
By thoroughly documenting their qualifications, experience, and the potential impact of their proposed endeavor, applicants can build a strong case for their EB-2 NIW petition, increasing their chances of approval.
Conclusion
In providing a clear way for people with exceptional abilites based on the nature and or level of those abilities to be sponsored by an employer without needinga job offer, the EB-2 NIW visa category serves as 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 brings new milestones in the way of contributing to its development and growth, if handled correctly.
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