Charisma Immigration Services LLC

EB2 NATIONAL INTEREST WAIVER- WHAT IS IT? AND WHO QUALIFIES ?

This is an employment based second preeference greencard which allows one to self petition witout a US emplyer. Under normal circumstance,a  US employer may file either a traditional EB2 or EB3 greencard for an employee to stay permanently in the US. However, US  immigration law , in some instances allow for one to petition for his own greencard even wothout an employer nor a secured job offer. These avenues are the EB1A  and EB2 NIW. For now  the scope of this publication will be limited to the EB2 NIW.

EB2 NIW

The EB2 NIW is a sub category of the EB2 already explained above. However, USCIS may approve this green card for a self petitioner without any job offer nor US employer provided the petitioner can submit proof  beyond doubt that his/her skills will potentially satisfy  the United States' interest. Hence the term "National Interest Waiver". This is because the requirement of job offer is waived because the petitioner will potentially satisfy  an area (field of expertise)  of interest to the United states. The USCIS has not  specified any field of study as potential interest to the US, therefore the burden of proof is on the applicant to convince the adjudicating officer that his/her field is in the US interest. Generally an applicant's field of interest will seek to achieve one of the following :

  • Potentially improve the health of US citizens .
  • Potentially  improve the security of the US
  • Improve manufaturing processes and production
  • Enhance the US economy
  • Protect the US environment or natural resources
  • advancement of the education sector
  • improve US infrastructure  etc   ........................This list is not exhaustive

HOW DOES ONE QUALIFY FOR EB2 NIW GREEN CARD (ELIGIBILITY) ?

STEP 1: ADVANCED DEGREE REQUIREMENT

The applicant must prove with evidence that he/she posseses an advanced degree. This is usually achieved through possessing a masters , PhD or for bachelors degree , one needs to satistfy 5 year work experience requirement.

STEP 2. SATISFY A 3 PRONG TEST

In addition to your advanced degree, the USCIS officer will check to ensure you have satisfied the follwoing 3 prong test:

Prong 1: That you have stated a proposed endeavor and your endeavor has merit , national interest and even global interest.  Is the  US government having any interest in your research/ professional area? Are federal and state agencies publishing news articles concerning your field? Is the whitehouse or congress pushing for legislations to be enacted in this area? are NGOs or the governemts funding projects relating to this field? Is the mainstream media discussing this field widely?

 

Prong 2 : That you the applicant is well positioned through your past professional or research records to excel in the field. This is by meeting at least three of the below stated criteria

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.   Please note that Publication or citations are  not strict requirements for this prong

Prong 3: that on balance, it will be beneficial for the US to waive the job offer requirement because you will perform better than the US citizen. This section will require a bit of marketing and advocacy skills form your part as you will need to market yourself as a better alternative than the ordinary US citizen.  What skills and exceptional abilities make you a better candidate than a US citizen for the role?