The EB2 NIW checklist below provides a general idea of what is usually needed for a National Interest Waiver when filed with an EB2 green card petition. To have a better understanding of this list, please read the EB2 visa overview for the big picture and then please go through EB2 National Interest Waiver (NIW) for the details of what the National Interest Waiver includes when filed with the EB2 green card petition.
Please click to download the EB2 green card checklist for EB2 national interest waiver workers (EB2 NIW).
The overall emphasis on the documents and requirements of a National Interest Waiver filed with an EB2 green card petition is that the person can show that the person’s work has substantial merit and national importance, the person is well position to execute the proposed plans, and that waiving the usual job offer requirement and the PERM labor certification will benefit the United States as a nation. The person filing for a National Interest Waiver must also have to satisfy the requirements for the EB2 green card petition itself which can be either under the exceptional ability subcategory or the advanced degree subcategory.
The requirements for a National Interest Waiver may not seem extensive at first glance, however, with further examination it becomes tricky when the person needs to present themselves as a strong candidate of being able to benefit the United States as a nation under the broad and vague language used in the U.S. immigration statutes. It is common practice and strongly encouraged to obtain an attorney for employment-based green card petitions.
Alternatives to the EB2 National Interest Waiver
For people who qualify for an EB2 NIW green card petition (National Interest Waiver), there is a possibility that the person also qualifies for an EB1 green card petition (that requires a higher standard in eligibility) which includes: (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies (EB1c green card). EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise.
For people who do not qualify for the EB2 NIW green card petition (National Interest Waiver) yet, the other alternatives that require a similar or lower standard include: (1) EB2 green card petitions under the exceptional ability subcategory, (2) EB2 green card petitions under the advanced degree subcategory, (3) EB2 green card petitions under Schedule A Group II, (4) EB2 green card petitions filed with a Physician’s National Interest Waiver (EB2 PNIW), or (5) EB3 green card petitions (Professional, Skilled, Other Workers).
The exceptional ability EB2 green cards are for persons who have exceptional ability in the sciences, arts, or business. The advanced degree EB2 green cards are for persons who have at least a master’s degree and have a job offer for a position that requires that specific type of degree. The Schedule A Group II EB2 green cards are for persons who have exceptional ability in the performing arts, sciences, or arts. Schedule A green cards do not need to go through the PERM labor certification (because it is pre-certified) but it does still need a U.S. sponsoring employer. A physician’s national interest waiver can be filed with an EB2 green card petition for certain doctors who agrees to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas.
The EB3 green card petition are for 3 groups of workers: professional workers, skilled workers, and other unskilled workers. Professional workers under the EB3 green card petition are required to be a member of a profession with at least a bachelor’s degree (or its foreign equivalent) and a job offer that requires a bachelor’s degree. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience. Similar to EB2 green card petitions, the EB3 green card petitions also generally require a sponsoring U.S. employer and a PERM Labor Certification. The PERM labor certificate requirement can be waived under the EB3 green card petition if the person’s occupation falls under Schedule A (such as physical therapists and professional nurses in Group I).
HAVE A EB2 NIW GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have an EB2 National Interest Waiver green card (EB2 NIW) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB2 NIW green card (National Interest Waiver) is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB2 NIW green card petition and we will also strategize on how the EB2 national interest waiver should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB2 NIW green card petition (National Interest Waiver) due to the complexities in the immigration process and visa requirements.