How can an EB-2 NIW Visa Help Me to Work in the U.S.?

When you first try to navigate the complex US immigration system, it can be overwhelming and a daunting experience. This is especially true if you’re attempting to challenge unique paths, such as applying for an EB-2 National Interest Waiver. This specialty visa offers foreign professionals with exceptional skills, advanced degrees, or extraordinary abilities a realistic path to obtain permanent U.S. residency without a current employer sponsor or a solid job offer.

Most EB-2 visa applicants have advanced degrees in the sciences, technology, mathematics, engineering, or medicine.

If you hold an advanced specialty degree, the EB-2 NIW visa usually won’t require you to have a current employer or a job already waiting in the U.S. Therefore, by professionally applying and obtaining an EB-2 national interest waiver, you can effectively bypass the more lengthy PERM certification process; this fact is what makes the EB-2 NIW visa such an appealing and viable option for many highly skilled immigrants.

However, the formal application process can be overwhelming if you attempt to do it yourself, as numerous and detailed qualifications and documents must be collected and presented correctly.

So, suppose you feel you may qualify for this highly valued EB-2 NIW Visa and wish to succeed. In that case, the professional guidance, knowledge, and experience of a Seattle immigration law team is mandatory.

What Documents are Essential To Apply For an EB-2 NIW Visa?

It cannot be overemphasized that although you may feel that you and your associated skills may qualify for an EB-1 NIW visa, the application must be thorough, complete, and professionally prepared if you wish to succeed.

Just some of the most essential documents that must be included in your application are:

  • All your educational credentials and degrees – Formal transcripts and documentation from all U.S. or foreign institutions you’ve attended. Supporting acknowledgments and letters from your department heads or deans detailing your educational achievements.
  • All licenses and certifications you holdOfficial copies of Licenses, registrations, and certifications you currently hold
  • Official letters of recommendation – These letters will validate your unique abilities and achievements in your field. They can be from former professors, colleagues, supervisors, etc.
  • Provable evidence of your contributions – You should include clear evidence showing you’ve made significant and original contributions in your field of expertise. Items such as published articles, research papers, patents, and more.
  • Solid evidence of your national or international Recognition for your work – Identifiable proof of your expertise beyond your community can help satisfy this requirement.
  • A recommendation letter for your National Interest Waiver—This could be a reference from an industry expert (former professor, colleague, supervisor, etc.) explaining why it’s in the national interest of the U.S. to waive a job offer or labor certification for you as the applicant.
  • Acknowledgment that you have further plans to work for the national interest of the U.S. – items such as contracts or agreements with U.S. employers, letters of interest, etc.
  • Proof of identity and birthplace – Official copies of your passport, birth certificate, national ID card, and more can satisfy this requirement.

To summarize, each application differs, but the above documents, etc., almost always must be included in your application. You begin to see that even if you do qualify for this much sought-after EB-2 NIW visa, the application process is arduous and must be done by an immigration professional to be successful

What Is the “Three Prong Test” for Obtaining a National Interest Waiver?

Once you begin to discuss the EB-2 NIW visa with your immigration lawyer, they will explain that a three-prong test is used to identify your possible ability to succeed.

These three “prongs” are:

  • First prong – Your job proposal must have substantial merit and be of national importance.
  • Second prong – As a foreign national, you are expertly positioned, and your knowledge of your profession is advanced enough to be vital in your proposed endeavor.
  • Third prong – After going over all your credentials, letters, etc., in your application, it is understood why you would be beneficial to the United States and to waive the job offer and labor certification that is usually required.

Once your expert and thorough immigration lawyer collects and analyzes your documentation, this three-pronged method is a “litmus test” to help determine whether you should apply for the EB-2 NIW visa and if you have a reasonable chance of obtaining it.

Passing this “test” is no guarantee that you will get your EB-2 NIW visa, but if your credentials clearly don’t fit these parameters, your experienced immigration lawyer will usually recommend a different path, one that is more suitable to your background and has a better chance of success.

How Hard Is It to Get an EB-2 NIW Visa?

You must note that the primary key to obtaining an EB-2 NIW visa is your qualifications and what you can offer the U.S. if they give you the opportunity. It is probably the most straightforward path to obtaining a green card, which gives you and your family permanent residency and the ability to work in the United States.

Also, remember that this goal is reached without the need for an employer sponsor, and you (and your immigration lawyer) can put forth your application as a foreign specialist and apply directly; this significantly expedites the entire process.

But after all is said and done, what are our chances of success given the high qualifications and standards the EB-2 NIW visa requires? Your lawyer will explain that much of the time, the more you show that your work is in the national interest of the United States, the better your chances of success will be.

If you qualify, you might be surprised to learn that securing an EB-2 NIW may be easier than you think. In many cases, if your application is prepared professionally, correctly, and totally the first time it’s viewed, you have a solid chance of being among the over eighty percent of applicants who get approved yearly.

I Feel I Qualify for an EB-2 NIW Visa, But Need Information; How Should I Proceed?

Suppose your academic and work-related qualifications allow you to apply for an EB-2 NIW visa. In that case, you must remember that the process is highly detailed and possibly lengthy, and you must have all relevant documentation appropriately included the first time you apply.

As you and your well-versed immigration lawyer navigate this daunting legal journey, you should also seek constant input from your law team professionals, be mindful of deadlines, and remain diligent at all times.

The immigration lawyers at Stelmakh & Associates are expertly equipped to help you in this challenging but rewarding process. Call them today at 206-558-6288 and obtain a thorough evaluation of your case. They are highly familiar with all aspects of the EB-2 NIW visa and the application process and will work tirelessly by your side to help ensure your success. 

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