National Interest Waiver for the EB-2 Visa

The National Interest Waiver is an employment-based Green Card option under the EB-2 Visa. It allows you to self-petition for permanent residence in the United States. The USCIS rules are flexible enough to enable you to petition, regardless of whether you are a healthcare professional, an innovator, a STEM-qualified individual, or an engineer.

In this article, our U.S. Immigration Lawyers explain the key criteria for a National Interest Waiver.

Contact OTS Solicitors for legal assistance with US immigration, Work Visas and Green Cards.

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The EB-2 Visa category

The EB-2 Visa allows non-US citizens to apply for a Green Card if they have:

1. Exceptional abilities or
2. Advanced degrees

What is an EB-2 Visa National Interest Waiver?

The National Interest Waiver allows the applicant to apply for an EB-2 Visa without:

1. An offer of a job or
2. Labor certification

The Waiver allows the applicant to bypass the usual employment requirements by demonstrating that their work will be of benefit to the States.

Short-circuiting the need for an offer of employment or labor certification can be very appealing if your area of expertise is highly niche or if you are an innovator or entrepreneur.

Qualifying for an EB-2 Visa on exceptional abilities

What is an exceptional ability for a National Interest Waiver? To qualify for the EB-2 Visa based on exceptional ability, you must demonstrate expertise that is significantly above the level ordinarily found in your field.

To qualify for an EB-2 Visa on exceptional ability, you need to meet at least three of these six criteria:

1. Academic records with a degree, diploma, or training in your field.
2. Letter/s from current or previous employers detailing your experience in your field of expertise.
3. Professional certification or license by a regulatory body.
4. Membership in a professional association.
5. Peer recognition for your expertise or recognition by organisations.
6. Documentary evidence of salary or compensation package that establishes your exceptional ability through your remuneration.

You can possess exceptional ability in any field or sector, but most applicants for EB-2 Visas typically have qualifications in STEM, business, law, science, the arts, or medicine.

Qualifying for an EB-2 Visa with an advanced degree

To be eligible for an EB-2 Visa and National Interest Waiver with an advanced degree, you need either:

1. A master's or above or
2. A bachelor’s degree or equivalent plus five years of work experience that is progressive

Securing a National Interest Waiver based on US national interest

To secure a National Interest Waiver with your EB-2 Visa application, you must demonstrate that the work you will be doing is in the national interest of the United States.

U.S. Citizenship and Immigration Services (USCIS) has three criteria to prove national interest:

1. The work is of substantial merit and national importance
2. You can advance the proposed work
3. It would benefit the US to waive the requirement for labor certification

These criteria mean:

• Your work must have a positive impact, such as improving the US economy.
• You must possess the necessary skills and expertise to carry out the proposed work.
• You can demonstrate that it is better for the US to waive the labor certification requirement

Applying for a National Interest Waiver

Applying for a National Interest Waiver involves:

1. Completion of Form I-140 (Immigrant Petition for Alien Worker)
2. Submission of supporting documents

Notably, a US employer doesn’t need to provide sponsorship or to petition USCIS on your behalf.

Supporting documents for a National Interest Waiver application

The supporting documents required for an NIW application depend on individual circumstances, but EB-2 Visa Lawyers recommend:

1. A statement explaining why your work is in the national interest.
2. Letters in support from experts in your field of expertise.
3. Evidence of any publications, awards or other recognition in your area of expertise or sector.
4. Details and evidence of academic qualifications.

Our US Visa Lawyers specialise in writing statements to assist in NIW petitions. We consult with you to gather the necessary information, which we then compile into a statement that highlights how you meet the USCIS criteria for a Waiver.

Statement in support of National Interest Waiver petition

An experienced U.S. Immigration Attorney can help you build a compelling case for why you qualify for a National Interest Waiver. You may have a great CV, have been published, and have the potential to be the next Elon Musk, but all your attributes need to be pulled together to make a compelling and clear case for your NIW.

Our US immigration law firm provides specialised US immigration legal advice to help you craft a compelling statement in support of your National Interest Waiver petition, linking the evidence together to facilitate an easier USCIS decision.

What do we mean? You may have been published in a technical magazine with a readership of thousands. With your expertise, you understand the significance of having an article accepted for publication and the extensive research that went into preparing it. Our top US Visa Lawyers in London will join the dots to explain what your research aims to achieve and the importance of journal publication. For example, research into a new type of medical implant that reduces the need for revision hip replacement could potentially save the public and health insurers millions or be the first tentative step in a new approach to AI that could be the next game changer.

A key point for all EB-2 Visa petitioners is to work with a dedicated EB-2 Visa Lawyer. Chapter 5 of the USCIS policy manual gives an example of the approach your Immigration Attorney needs to take:

‘’A person developing a drug for a pharmaceutical company may establish national importance by demonstrating the prospective public health benefits of the drug, instead of solely projecting the profits that will accrue to the employer.’’

Beat the EB-2 Visa statistics with OTS Solicitors.

USCIS-published statistics reveal that in 2024, the EB-2 Visa approval rate was 71%, a 9% decrease from the previous year. Many Immigration Solicitors predict that with the new administration, obtaining a visa may become even more challenging. That’s why you need an immigration law firm on your side to guide you through the application process and help you obtain the visa you require.

National Interest Waivers are not the preserve of next-generation Jeff Bezos’s. All you need to do is make a compelling case for why you deserve an NIW and why the US would benefit from granting one to you. Our US Immigration Lawyers are experts in stitching together all the strands of your NIW application into one compelling statement that explains the prestige behind a little-known award or the difficulties in securing membership of a professional body and why your admittance means you are a recognised leader in your field or a next generation innovator and the benefits that could flow from your collaboration with specialists in the US.

Contact our E2 Visa Lawyers in London

For E2 Visa advice, please email us to arrange a phone, Zoom, Microsoft Teams, or Cisco WebEx consultation, or call us to schedule an appointment at our London office.

For expert help, contact our US Immigration Lawyers in London.

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