Are you a STEM professional seeking U.S. permanent residency? If so, stay tuned, as today we’ll discuss an opportunity for professionals in science, technology, engineering, or mathematics (STEM) who are looking to obtain U.S. permanent residency or a green card through the EB-2 National Interest Waiver. This option is not fully understood by many professionals who qualify for the NIW green card, so let’s delve into the details.
In 2022, the Biden administration made changes to employment-based pathways offered through the eb-2 national interest waiver. Previously as per the rules of the US Citizenship and Immigration Services (US-CIS), a foreigner could only apply for an employment-based citizenship pathway by first securing a job with an employer. But by this latest amendment, US-CIS is now directed to waive the employment offer requirement thereby allowing immigrants to petition for themselves without the need to show any employment offer.
Individuals who possess advanced degrees or demonstrate exceptional abilities now have the opportunity to bypass the requirement of securing a job offer. USCIS considers candidates with doctoral degrees and achievements in STEM as highly favourable factors, when assessing eligibility for the waiver. Even more, consideration is being given to candidates in fields of strategic importance to the United States, as outlined by either the National Science and Technology Council or the National Security Council.
What is the EB-2 National interest waiver
Securing a National Interest Waiver, commonly referred to as an NIW, opens the path to obtaining U.S. lawful permanent residency (LPR) via an EB-2 green card. The NIW empowers individuals to make valuable contributions to the United States, benefiting the broader U.S. society. Notably, the NIW process stands out as it doesn’t necessitate employer sponsorship or the completion of a labour certification.
The National Interest Waiver (NIW) constitutes the third subcategory within the second preference employment-based green card. Essentially, the EB-2 NIW green card serves as a pathway to lawful residency in the United States, requiring individuals to demonstrate that their professional skills and contributions have a tangible and beneficial impact on society.
Eligibility and requirements for the visa
Eligibility for the EB-2 National Interest Waiver (NIW) green card is open to individuals who possess exceptional abilities or advanced degrees in STEM fields.
Professionals such as scientists, engineers, mathematicians, and technologists, including but not limited to doctors, dentists, various scientific researchers, and a wide array of engineers and technology experts, are particularly well-suited for the EB-2 NIW green card.
To qualify for the EB-2 National Interest Waiver (NIW), candidates must fulfill a minimum of three legal criteria, which encompass:
- Recognition for substantial contributions in their field
- Membership in a professional association
- Possession of a professional license
- Demonstrated command of a salary
- Official academic records validating expertise, including degrees, diplomas, certificates, or awards from educational institutions
- Letters attesting to 10 years of full-time experience in the respective field
While there isn’t a specified number of recommendation letters required, presenting ample evidence strengthens the case. In addition to the above basic requirements, specific NIW criteria include:
- Demonstrating the national importance of applying
- Having the ability and position to execute the plan.
- Showcasing how the United States stands to benefit, justifying the waiver of a job offer requirement.
To apply, you will need to file a Form 1-140 to seek permanent residency as a foreign national in the USA.
In conclusion, the EB-2 National Interest Waiver (NIW) presents a unique opportunity for individuals with exceptional abilities or advanced degrees to secure a U.S. green card and contribute meaningfully to the nation’s progress.