The National Interest Waiver (“NIW”) is a way for otherwise qualifying EB-2 applicants to forego the arduous Labor Certification requirement and the condition of having an offer of employment in the U.S. The burden of proof rests with the foreign national to establish that it is in the national interest that he or she should qualify for this exemption or waiver of the job offer.
Am I eligible for EB-2?
There are no hard and fast rules pertaining to who is eligible to receive EB-2 status based on the NIW. However, Legacy INS provided some guidance as to the threshold criteria for the NIW: (1) the person seeks employment in an area of substantial intrinsic merit; (2) the benefit will be national in scope; (3) and the national interest would be adversely affected if a labor certification were required. Perhaps above and beyond other requirements, the NIW petitioner should demonstrate that the benefit to the national interest that his or her unique skills would provide would substantially outweigh the national interest in protecting U.S. workers through the labor certification process. Speak to one of Genesis Law Firm’s Seattle immigration attorneys to discuss whether your credentials would likely qualify for the EB-2 NIW.
What kind of supporting evidence must I submit with my EB-2 NIW petition?
No specific type of evidence is absolutely determinative to whether your NIW petition will be granted. However, certain types of evidence are highly recommended. These include but are not limited to: (1) evidence of past contributions and achievements (e.g., if the petitioner is a Ph.D. student, evidence of publications and citations should be submitted); (2) a specific description of the position the petitioner intends to fill; and (3) reference letters from experts in the petitioner’s field.
What should my reference letters say?
The goal of submitting reference letters is to persuade a USCIS adjudicator that you are truly the best of the best in your field. They can be pivotal to the success of a NIW petition. Therefore, these letters are not to be taken lightly. Genesis Law Firm will work with those who refer you in drafting custom reference letters that highlight your unique skills and special expertise in your field.
How can I learn more about the EB-2 NIW petition?
For more detailed information on the EB-2 NIW petition, please speak to one of our Seattle EB-2 NIW attorneys.