Employment Based Immigrant Petition

EB-2 NIW (EB-2 National Interest Waiver)

The National Interest Waiver (NIW) is a waiver of the job offer requirement for individuals who wish to immigrate to the U.S. in the second preference category, who are members of the professions holding advanced degrees or individuals of exceptional ability in the arts, sciences, or business. An “advanced degree” means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. “Exceptional ability” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

To qualify for NIW, the alien needs to show:

  1. he/she seeks employment in an area of substantial intrinsic merit,
  2. that the benefit from his or her proposed activity will be national in scope, and
  3. that the national interest would be adversely affected if labor certification were required for the alien, i.e. it must be shown that the alien would serve the national interest to a substantially greater degree than an available U.S. worker having the same minimal qualifications, and that the alien has a record of achievements with some degree of influence on the field as a whole.

If you are not sure whether you have a good chance of NIW approval, please send your resume or curriculum vitae to FYZ Law Group info@fyzlaw.com for a free evaluation.

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