The EB-2 National Interest Waiver (NIW) is a unique pathway to obtaining a U.S. Green Card for individuals who possess exceptional abilities or advanced degrees and whose work benefits the national interest of the United States. Unlike the standard EB-2 process, the NIW allows applicants to bypass the labor certification requirement and self-petition, meaning they do not need a specific job offer or employer sponsorship.

To qualify for an NIW, applicants must demonstrate that their work has substantial merit and national importance, that they are well-positioned to advance their field, and that granting the waiver would benefit the U.S. more than requiring the usual labor certification process. This typically involves providing extensive documentation, including evidence of past achievements, expert letters of recommendation, and a detailed explanation of how their work serves the national interest.

The process involves filing Form I-140 (Immigrant Petition for Alien Worker) with USCIS, along with supporting evidence. If the I-140 petition is approved, the applicant can then file Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are in the U.S., or proceed with consular processing if they are abroad. The NIW is an excellent option for those with specialized expertise seeking to contribute to the U.S. while obtaining permanent residency.

RGM Law has extensive experience with the NIW process and has received countless approvals for our clients. If you require assistance with an application for a National Interest Waiver, please don’t hesitate to contact us to arrange an initial consultation.

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RGM offers comprehensive representation for all employment-based visa and permanent residency matters, as well as family-based immigration and naturalization services. RGM also provides guidance to U.S. citizens who are seeking visas to work and live in other countries.