EB2 NIW refers to the Employment-Based Second Preference category for a National Interest Waiver. This is a visa category for individuals who have exceptional ability in their field, and whose work is deemed to be in the national interest of the United States. It allows them to bypass the usual requirement of a job offer and labor certification and self-petition for a green card.
SeaBreezee takes conservative stances when it comes to EB2-NIW case determination.
The determination of EB2-NIW cases involves a thorough review of the applicant's qualifications, and decisions are typically made based on strict eligibility requirements and criteria set forth by immigration law. Our NIW attorney can review the applicant’s CV and other relevant information to assess eligibility and help the applicant make an informed decision about pursuing an EB2-NIW case with us.
Frequently Asked Questions For EB-2 NIW
1. What is an EB-2 NIW visa?
The EB-2 NIW visa is a type of employment-based visa that allows individuals with advanced degrees or exceptional ability in certain fields to bypass the typical labor certification process and apply for a waiver based on the national interest of the United States.
2. What is the national interest waiver?
The national interest waiver is a legal provision that allows the USCIS to waive the requirement of a job offer and labor certification for individuals who can demonstrate that their work is in the national interest of the United States.
3. Who is eligible for an EB-2 NIW visa?
Individuals who hold advanced degrees or have exceptional ability in science, art, or business may be eligible for an EB-2 NIW visa if they can demonstrate that their work is in the national interest of the United States.
4. What evidence is required for an EB-2 NIW visa application?
To apply for an EB-2 NIW visa, the applicant must provide evidence that their work is in the national interest of the United States. This may include evidence of past achievements, published work, citations, and letters of recommendation, among other things.
5. Can I apply for an EB-2 NIW visa without a job offer?
Yes, one of the benefits of the EB-2 NIW visa is that it allows individuals to bypass the typical labor certification process and apply for a waiver based on the national interest of the United States. This means that a job offer is not required.
6. How long does it take to process an EB-2 NIW visa application?
Processing times for EB-2 NIW visa applications vary depending on the workload of the USCIS and the complexity of the case. Generally, it takes several months to process an EB-2 NIW visa application.
7. Can I apply for an EB-2 NIW visa if I am outside the United States?
Yes, individuals who are outside the United States may apply for an EB-2 NIW visa. However, they will need to attend an interview at a U.S. consulate or embassy abroad as part of the application process.
8. Can my family members accompany me on an EB-2 NIW visa?
Yes, family members of EB-2 NIW visa holders may be eligible to accompany them to the United States. Spouses and unmarried children under the age of 21 may be eligible for dependent visas.