General NIW Information
The United States government focuses on constantly improving and being the “best” in certain sectors. Foreign nationals who are involved in these specific areas via research of work that can improve the field are considered of “national interest” to the US.
Those individuals may gain entrance into the country via an EB-2 work visa. Once there, they can file for a National Interest Waiver to obtain legal permanent residency in the US.
Fields that are most likely to be considered of national interest include medicine, technology, the arts, science, business, and athletics.
Eligibility in 2023
Foreign applicants wishing to obtain a green card without the time-consuming, cumbersome need of an employer to sponsor them prefer going the National Interest Waiver route. But proving to the government that you’re worthy of their attention and your work is beneficial to the economy, education or health system, science, art, technology, or athletics can be a bit tricky. This journey is best undertaken with the aid of a legal immigration expert like Visa2US.
Obtaining an NIW means jumping through strict hurdles to prove your eligibility. As of 2023, successful applicants must pass three prongs (a three-prong test), which include:
● Proposing an endeavor that has substantial merit and national importance,
● Being in a position where you are likely to advance and execute said endeavor,
● Proving that it would be worthy of the country’s interest to waive the job offer and PERM requirements
If you believe you can satisfy those three elements, the next question is whether or not you qualify for an EB-2, which is the gateway to an NIW. Without an EB-2, you can’t apply for the National Interest Waiver.
EB-2 requirements include an advanced degree and documentation of exceptional ability in your area.
In addition to your advanced degree, you’ll need to prove that you’re highly skilled in the area of expertise you claim. USCIS will review your professional academic and job record, any official records of success, awards, or progress in your field, and an explanation of your proposed endeavor once you reach the US.
What’s Next?
Although the EB-2 NIW green card path allows you to skip the Program Electronic Review Management (PERM), you’ll still be responsible for all the costs of applying for this visa classification.
Because this is an expensive and oftentimes lengthy process, it’s vital that you discuss your plans with an immigration attorney. Our experts at Visa2US are available 24/7 to guide you as you attempt to make your transition into US residency.
NIWs are difficult to obtain, but with legal assistance, you can put together a solid case that demonstrates your qualification as someone of “national interest.” Whether you’re a foreign professional in the tech industry, an athlete, an artist, or involved in another field that the US recognizes as important to world leadership, you must provide the evidence that shows your qualifications. You can’t expect the government to take your word for it.
Our professionals at Visa2US know what USCIS looks for when determining EB-2 and NIW approvals. We’ll work with you to determine your next steps, create a portfolio without any gaps or questions, and help you successfully navigate the National Interest Waiver changes made in 2023.
