The EB-2 National Interest Waiver (NIW) is a key pathway to U.S. permanent residence for individuals whose work will benefit the country. Despite heightened scrutiny under the Donald Trump administration, EB-2 NIW remains a strong option for those whose contributions align with U.S. priorities.
- Hot Topics and Areas of National Importance
- National Security: national security seems to be a high priority of policy, with a strong emphasis on energy independence and military strength. Multiple presidential declarations underscored the importance of reducing reliance on foreign oil and gas, promoting domestic fossil energy production, and advancing cutting-edge military technologies to maintain global dominance. “Successfully Securing an EB-2 National Interest Waiver (NIW): The Case of a Scientist Recycling Rare Materials”, one of Donald Gross Law’s successful example involved a scientist whose work in recycling rare materials contributed to reducing dependency on foreign sources, bolstering U.S. economic and national security.
- Artificial Intelligence and Digital Finance: Donald Trump’s administration is making significant investments in AI and digital finance, allocating billions of dollars to ensure the United States remains at the forefront of technological leadership. Endeavors that can help the United States in demonstrating its leadership in AI and innovative applications of blockchain technology could be highly valued.
- Manufacturing and Economic Restoration: The new administration is prioritizing revitalizing American manufacturing to reduce reliance on foreign imports. Establishing projects in areas where industries have declined, rebuilding local economies, restoring U.S. economic independence and creating jobs are likely to be considered of national importance by USCIS.
- Healthcare: Proposed endeavors that create systems to lower medical expenses, improve transparency around treatment costs, and address healthcare disparities are strongly considered.
2. The Importance of Meeting All Criteria: Key Takeaways
Having an endeavor of national importance is a great start, but it is not enough on its own to secure approval from USCIS. At Donald Gross Law, we have reviewed numerous Requests for Evidence, and more often than not, these RFEs question several criteria at once.
- Substantial Merit and National Importance: Obtain letters from experts in your field who can attest to the national importance of your work. Include additional publications, research findings, or data that demonstrate the positive impact of your work on U.S. interests.
- Well-Positioned to Advance the Proposed Endeavor: Showcase your special skills, achievements, and experience as directly related to the successful advancement of your project. Submit letters from project leaders and collaborators that detail your leading, critical, or indispensable role in the endeavor. Present any documentation of funding from U.S. government grants or contracts, and letters of interest from potential customers, users, or investors.
- Balance of Interests: Demonstrate that your involvement is urgent and that your presence significantly benefits the national interest beyond what a U.S. worker could achieve.
The Donald Trump administration’s focus on global leadership in key sectors presents both challenges and opportunities; Donald Gross Law Group can guide you through showcasing your value to the U.S.