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The Requirements of EB2 National Interest Waiver Application and Its Eligibility Criteria |
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The Requirements of EB2 National Interest Waiver Application and Its Eligibility Criteria |
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William, I plan to file EB2 National Interest Waiver (EB2 NIW) application as a System Engineer, but I am not sure if I could qualify for the NIW requirementds. What are the NIW requirements and NIW eligibility criteria? Answer, The National Interest Waiver (NIW) category is in the employment-based, second preference category (EB2). However, in contrast to regular EB2 immigration petitions, National Interest Waiver petitions are exempt from the labor certification and job offer requirement. This means that an applicant who does not have a tenure-track position or permanent job offer could qualify EB2 NIW, and file a self-sponsored NIW petition. Similar to the EB-1A, Extraordinary Ability Category, the EB2 NIW category requires the applicant to show significant success and contributions in the field of expertise. There must be clear evidence of the anticipated benefits to U.S. from the applicant's work, and these benefits must outweigh the U.S. national interest in protecting U.S. workers through the PERM Labor Certification process. To establish eligibility for an NIW petition, the applicant must be eligible to file in the EB2 category, which means that an applicant should hold an advanced degrees, or else be an individual with exceptional ability in the sciences, arts, or business. The applicant must also plan to continue work in the field of expertise in the United States. The decision Matter of Dhanasar (released on 12/27/2016) established standards for obtaining EB2 NIW petitions that the USCIS adopted. The AAO (Administrative Appeal Office) held that three factors must be considered when evaluating a request for an EB2 NIW: 1) Foreign
national’s proposed endeavor is of substantial merit and
national importance
2) Foreign national is well-positioned to advance the proposed work, and 3) On balance it would be beneficial to waive the job requirement for the foreign national |
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