EB-2 NIW

The EB-2 NIW Visa is an employment-based, second-preference visa that allows entrepreneurs and highly skilled professionals to self-petition for permanent residency without the need for a U.S. employer to sponsor them. This waiver is granted when the applicant’s work is deemed to be of substantial merit and national importance, making their contribution critical to the United States.

For STEM professionals seeking an EB-2 National Interest Waiver (NIW), applicants must meet specific criteria. They must hold an advanced degree, such as a U.S. master’s degree or higher, or a foreign equivalent, or possess a baccalaureatedegree with at least five years of progressive post-baccalaureate experience. The proposed work must have substantial merit and national importance, particularly in STEM fields that advance critical and emerging technologies impacting U.S. science, technology,economic competitiveness, or national security. Applicants must also be well-positioned to advance their proposed endeavor, which should be demonstrated through their education, skills, and related work experience, with advanced degrees in STEM being strong indicators. Furthermore, the application can be significantly strengthened by providing evidence that the work will benefit the U.S., particularly in supporting national security or economic competitiveness, with letters of support from U.S. government agenciesor other authoritative entities.

For entrepreneurs and business consultants, the NIW criteria emphasize the economic impact of their ventures. Entrepreneurs with an advanced degree in Business or a related field can qualify by demonstratingthat their business endeavors have substantial merit and national importance, particularly through job creation, economic contributions, and technological advancements. To qualify, they must establish the uniqueness and viability of their business, supported by evidence such as ownership and a central role in the business, relevant educational and professional credentials, significant investments, participation in reputable incubators or accelerators, recognition through awards or intellectual property, and documented revenue growth and job creation. This evidence demonstrates that waiving the labor certification will benefit the United States by supporting economic growth and innovation.