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EB-2 National Interest Waiver (NIW)

This is an employment-based visa available to foreigner who are members of professions holding an advanced degree or its equivalent. This visa is also available to a person with exceptional ability. Your employer must first apply for permanent employment certification before you can apply for EB-2 visa. Although, you can by-pass this requirement if you petition for a National Interest Waiver. Before Petitioning.

You need official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree
Without the National Interest Waiver, your employer must first obtain a PERM certificate through the Department of Labor.

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least 3 of the criteria below.
a) Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
b) Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
c) A license to practice your profession or certification for your profession or occupation
d) Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
e) Membership in a professional association(s)
f) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
g) Other comparable evidence of eligibility is also acceptable.

If your employment would be in the national interest of the United States, you may apply for a national interest waiver (NIW) as a part of your EB-2 petition. Holders of EB-2 NIW visas are regarded as U.S permanent residents.
Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.** Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).
a) The proposed endeavor has both substantial merit and national importance.
b) You are well positioned to advance the proposed endeavor.
c) On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

1.Consultation regarding your Petition:
2. Review and Advise on Viable Recommenders:
3.Drafting the Recommendation Letters:
4.Drafting the Petition Letter:
5.Preparing and Filing the PetitionPackage:
6.Responding to RFE (RequestforEvidence) or NOID (Notice of IntenttoDeny) WithoutExtra Charge:

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