EB-2 NIW: Unlocking Your American Dream!

For many international students studying in the United States is a dream come true. Many envision a U.S education as the gateway to a world of opportunities and the realization of their own (and often times their family’s) aspirations. The aspiring students arrive to the United States armed with brilliant minds and unwavering determination to embark on their journey towards their American Dream. They are enthusiastic at first but as time goes on, they find out that sometimes despite their academic brilliance when compared to their American counterparts, it is simply not enough to keep up with the ever-challenging immigration landscape. The American Dream, once an enticing beacon of hope, seemed to fade into the distance as international students often encounter a myriad of complexities and obstacles in their pursuit of a secure future in the United States. The uncertainties surrounding visas, limited work opportunities, and employers automatically disqualifying your application if you answer “YES” to the question of whether you will require a work visa now or in the future, contribute to the hardships and soon all hope is gone. While some international students are fortunate to secure their futures in America or are perfectly happy to return to their homeland to cultivate what they have learned and make a difference in their own communities, many are left wondering whether they made the right decision to pursue an expensive U.S. education.

If you are reading this and feel that all hope is gone, we are here to help you create your own opportunities to unlock your American Dream! There are some paths such as E2 or EB5, but for those without the finances to invest in their own business, EB-2 National Interest Waiver (“NIW”) may be the pathway to success, providing you with the freedom to pursue your ambitions.

What is the National Interest Waiver?

The national interest waiver authorizes EB2 green card applicants to self-petition (ie, apply on their own behalf for the green card, rather than needing the sponsorship of an employer).  The NIW is designed for individuals with exceptional abilities in the sciences, arts, or business.

Who is Eligible?

National interest waivers are usually granted to those EB2 green card applicants who have exceptional abilities and whose employment in the United States would greatly benefit the nation.  Applicants who otherwise qualify for EB2 classification may obtain a national interest waiver if they demonstrate all three of the following criteria:

1. Their proposed endeavor has both substantial merit and national importance
2. They are well-positioned to advance the proposed endeavor
3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

What are some examples of NIW?

Examples of work activities that greatly benefit the nation include the following:

• Improving the US economy
• Improving the public health or healthcare
• Improving wages and working conditions of US workers
• Improving educational and training programs in underserved areas
• Increasing affordable housing opportunities
• Improving the environment and use of natural resources
• Specific request from a US government agency

Why you should work with immigration attorneys?

Collaborating with experienced immigration attorneys can provide invaluable guidance and ensure that your application is strategically prepared, enhancing your chance of approval.