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NIW (National Interest Waiver)

The second employment-based preference covers aliens with advanced degrees in professional fields and aliens of exceptional ability in the sciences, arts, or business.

There are three features of EB-2
1. Subject to labor certification requirement. If the job offer is waived by the USCIS in the national interest, the alien is not subjected to the labor certification requirement.

2. Allotted about 40,000 annual visas, plus any visas unused in the first employment-based preference.

3. Immediate family member can also immigrate with the employment-based immigration. No separate immigration visa petition is required.

Aliens under the employment-based second preference may seek a waiver of the job offer and labor certification requirements through a national interest waiver.

1)Definition
Foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest

2)National Interest
The following requirements must be met to show that the area is one of National Interest:
a) improving the United States economy;
b) improving wages and working conditions of U.S. workers;
c) improving education and training programs for U.S. children and other qualified workers;
d) improving health care;
e) providing more affordable housing for young and/or older poorer U.S. residents;
f)  improving the U.S. environment and making more productive use of natural resources; or
g)  involving a request from an interested government agency

3) Standards for a National Interest Waiver.
a)  Proposed employment is in an area of substantial intrinsic merit.
b) A proposed benefit is national in scope.
c)The national interest would be adversely affected if a labor certification were required.

4) Advantages
a) The labor certification requirement does not apply to National Interest Waiver, therefore total processing time for immigration cases in this preference is much shorter than is possible for the other employment-based preferences.
b) The applicant sponsors himself/herself based upon his/her abilities, education, and experience. This means that present employment is not required.

 
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