Simplify Your Family’s Relocation to the U.S. with the EB-2 NIW Visa (National Interest Waiver)

Starting a new life in the United States can seem like an overwhelming challenge. However, the EB-2 National Interest Waiver (NIW) offers a unique opportunity for professionals working in an area of national importance to bring their talents to the United States. The EB-2 NIW offers a streamlined path to permanent residency for qualified individuals and their immediate family members, allowing them to self-petition for a green card. 

Traditionally, an employer must sponsor an employee to receive permanent residency in the United States. This requires the employer to extend a permanent job offer to the foreign national, and undertake a complex multi-step process that involves filing an immigrant petition to sponsor the foreign worker’s green card, and receiving an approved labor certification application from the U.S. Department of Labor (DOL). 

The EB-2 NIW is unique because it allows those seeking a national interest waiver to bypass  the job offer, and labor certification requirement, when requesting approval of the waiver, due to the national importance of their proposed endeavor.  

This article offers valuable insights, but it should not be considered legal advice. For personalized guidance regarding your immigration situation, we recommend consulting an immigration attorney. If you’d like to speak with our lawyer, you can easily schedule a call with us.

What Is the EB-2 National Interest Waiver, and Who Qualifies for a NIW?

The EB-2 National Interest Waiver (NIW) allows professionals working in fields of national importance to self-petition for permanent resident status in the United States.

To qualify for the EB-2 NIW, applicants must meet specific eligibility requirements. The applicant must demonstrate how his or her professional expertise and contributions serve the national interest of the United States. Knowing the exact requirements to meet increases the chances of success. 

To qualify for the EB-2 NIW, you must first demonstrate that you fall under one of two categories: 

#1: Advanced Degree: You need to hold an advanced degree in your specialty, such as a baccalaureate degree, or comparable foreign credentials, and at least 5 years of post-baccalaureate work experience in the chosen field.

#2: Exceptional Ability: Even if you do not have an advanced degree, success is still possible by demonstrating “exceptional abilities” in the applicant’s field. Applicants pursuing the “exceptional ability” route face additional requirements. To demonstrate exceptional ability, the applicant must fulfill at least three of these requirements:

• 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;
• Letters from current or former employers documenting at least 10 years of relevant full-time work experience;
• A license or certification to practice your profession if one is required (i.e. clinical social workers, pilots, contractors, etc.)
• Evidence of a high salary for your occupation.
• Membership in professional associations relating to your occupation.
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations– i.e. letters of recommendation.
• Other comparable evidence of eligibility. 

National Interest Waiver Criteria

After establishing eligibility through either an advanced degree or exceptional ability, you must satisfy the Dhanasar criteria.

The Dhanasar criteria consist of three key components:

1. The proposed endeavor has both substantial merit and national importance;
2. You must be well-positioned to advance the proposed endeavor;
3. It must be beneficial to the United States to waive the job offer and labor certification requirements;

USCIS evaluates your work’s national significance based on its nationwide impact rather than regional effects. 

How the EB-2 NIW Green Card Supports Family Relocation to the U.S.

Unlike other immigration pathways, the EB-2 NIW provides families with a clear path to pursue their American dream within the United States. 

In order to apply for the EB-2 NIW, the applicant must file Form I-140 Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS), requesting a National Interest Waiver. 

Upon approval, the applicant and his or her immediate family members (spouse and unmarried children under age 21) can apply for permanent residency as a family. 

One of the biggest advantages of the EB-2 NIW over employer-sponsored visas is that it does not require a job offer nor employment sponsorship. This gives applicants the freedom to choose where they would like to work in the U.S., without being tied down to a specific employer or contractual agreement. 

There are also career advantages for spouses that go beyond just moving. When filing the green card application & waiting for the approval, spouses are also eligible to apply for an Employment Authorization Document (EAD), by filing Form I-765 with USCIS (if the green card process is conducted in the US via Adjustment of Status). 

Once approved, spouses receive their EAD document and Social Security Card allowing them to enter the U.S. workforce legally. This gives a family economic stability and allows both partners to pursue their career goals. 

Key Benefits of the EB-2 NIW Visa for Skilled Workers and Families

The EB-2 NIW offers plenty of benefits for principal applicants and their families! 

Children’s Educational Opportunities

While applying for permanent residency, children of EB-2 NIW holders can pursue education within the United States. They have access to free public education from kindergarten through grade 12. Not only do children have access to public school, but they can also opt for private education.  Moreover, exposure to America’s multicultural environment helps children develop a broader worldview and cultural understanding.

Travel flexibility with advance parole

When filing the green card application via Adjustment of Status, the principal applicant and his or her family members are eligible to apply for an international travel permit known as “advance parole,” by filing Form I-131 with USCIS. 

Once approved, the advance parole document is issued by mail and can be used to re-enter the United States after international travel throughout the stated validity period. This document can be renewed, so long as the green card applications remain pending with USCIS. 

This flexibility allows family members  to:

• Visit family members who are abroad
• Handle emergencies that can arise
• Attend international business conferences

Timing is essential when filing for these benefits. Once the National Interest Waiver petition has been approved, family members can proceed with applying for their green cards based on the approved NIW. When filing the green card applications, family members can each submit work and travel permit applications with USCIS at the same time. 

The EB-2 NIW’s family-inclusive nature makes it a great option for qualifying professionals wanting to relocate with their families. Its distinctive benefits enable families to create a meaningful and prosperous life together in the United States.

The EB-2 NIW Application Process: A Step-by-Step Guide

Creating a strong EB-2 NIW petition requires documenting your skills and providing compelling evidence. A well-prepared petition must clearly demonstrate to USCIS why your proposed endeavor deserves a national interest waiver.

Highlighting Your Qualifications

Present your expertise in a way USCIS officers can understand, connecting your skills to national benefits. Structure your evidence through a table of contents. This can look like:

1. Strategic Presentation
2. Academic Achievements
3. Documentation in Support of Exceptional Ability (if applicable)
4. Professional Experience
5. Emphasize innovative contributions
6. Focus on your work’s national impact

Next, your petition needs to demonstrate national interest and how the work has a national impact by: 

• Providing specific examples of your work’s value
• Demonstrating nationwide impact
• Showing potential for positive societal or economic changes
• Connecting to national priorities

Another important part of the application process is providing evidence that your work meets all three prongs of the Matter of Dhanasar framework. Breaking down each prong helps increase your chances of success. 

Here are some tips to address each prong: 

1. Substantial Merit and National Importance

• Provide evidence of your work’s significance
• Show potential breakthroughs of your endeavor
• Address how your endeavor responds to current issues facing the United States

2. Well Positioned to Advance the Proposed Endeavor

• Detail how your skills stand apart from other American workers
• Present your track record for success (education, skills, knowledge)
• Present a model or plan for future activities,  any progress towards achieving the proposed endeavor, and the interest of potential customers, users, or investors

3. Beneficial for the U.S. to waive the labor certification requirements

• Highlight your unique contributions and their urgency, particularly for critical public health or safety issues.
• Explain how the United States would benefit from your unique contributions
• Demonstrate specialized skills aligned with national objectives.

Your petition should weave these elements into a compelling narrative, with each piece of evidence supporting your case while addressing the NIW criteria. Present your qualifications clearly, connecting your expertise to potential national benefits.

Navigating the EB-2 NIW process can be a challenge. It helps to avoid these common pitfalls that can lead to denials. 

• Focusing too much on personal achievements without national context
• Making unsubstantiated claims about the benefits to the United States
• Insufficient documentation for National Interest Waiver criteria
• Poor connection between qualifications and national benefits

Presenting the case clearly and comprehensively helps USCIS officers follow along easily, increasing your chances of success. 

Additional paperwork for spouse and children

During the initial I-140 NIW filing, you should declare your intention to have your family members join you in the United States. After approval of the I-140 NIW petition, your family members can each file the green card application with USCIS. 

For each family member applying for permanent residency., they will generally need: 

• Valid passports and birth certificates
• Marriage certificate (for spouse)
• Medical examination records
• Previous immigration documents (if applicable)
• Proof of relationship to the primary applicant

When to consult an Immigration Lawyer?

The EB-2 NIW presents a one-of-a-kind opportunity for qualified professionals to move to the United States with their families. However, the detailed nature of the application can be challenging to navigate without the help of a seasoned professional. An experienced immigration lawyer can provide essential support, ensuring your petition presents the most compelling arguments to support your case. 

The EB2 NIW provides a unique pathway for talented professionals to establish themselves in the United States while pursuing their dreams. With proper planning and a clear understanding of the requirements, the NIW can open doors to a successful future in America.

Conclusion

Moving your family to the United States using the EB-2 National Interest Waiver pathway offers a strategic approach to permanent residency. This immigration option provides unique advantages for qualified professionals and their families, such as bypassing the labor certification requirement, providing employment authorization for spouses, and educational opportunities for children.

Success depends on careful planning across multiple areas—documentation preparation, timeline management, educational arrangements, and setting up life essentials. Families that research the NIW application process ahead of time, and prepare for it, generally experience smoother transitions. Its flexibility allowing for self-petitions, and career advancement makes EB-2 NIW a perfect match for qualifying professionals and their families. 

FAQ