Applicants for an EB-2 NIW Card must have an advanced degree (Master's or PhD Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or have demonstrated exceptional ability in their field.
Applicants must satisfy all 3 elements of the National Interest Waiver test:
- The proposed work has both substantial merit and national importance
- The applicant is well-positioned to advance his/her proposed work
- It would be in the national interest of the U.S. to grant a waiver of the normal job and labor certification requirements.
This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications.
Advantages of Applying for an NIW Green Card
No Need for Employer Sponsorship: You can file an NIW Green Card application independently (sometimes called a “self-petition”) without sponsorship from your employer.
No need for a Specific Offer of Employment:Applicants can file an NIW Green Card application even if they do not have a job offer from a U.S. employer.
No need for PERM Labor Certification: Applicants do not need to go through the PERM Labor Certification process to show a shortage of U.S. workers in the labor market.
Less Strict Eligibility Criteria: Compared to the EB-1A Green Card eligibility requirements, which require applicants to present compelling documentation satisfying 3 of the 10 “extraordinary ability” criteria, the NIW Green Card eligibility requirements are less burdensome. As a result, USCIS approval rates for NIW Green Card applications are significantly higher than EB-1A Green Card applications.
Contact Donald Gross Law for a free 30-minute consultation to start the application process for your EB-2 NIW green card.