U.S. Citizenship and Immigration Services (USCIS) announced an update to the EB-2 National Interest Waiver (NIW) program. This update explains how USCIS evaluates eligibility for the EB-2 visa, which is a second-preference, employment-based immigration petition when filed with a National Interest Waiver.

Normally, an employer files an EB-2 petition with Form I-140 after obtaining labor certification from the Department of Labor. However, if the applicant’s work benefits the U.S., USCIS may waive the job offer and labor certification requirement. Additionally, individuals applying for an NIW can file their own petition without needing an employer.

To qualify for an NIW, applicants must first meet the EB-2 requirements. This means they must either have an advanced degree in their field or have exceptional skills in science, arts, or business. If the applicant has an advanced degree, USCIS will check if the job is considered a professional occupation. If the applicant is using five years of experience after earning a bachelor’s degree to qualify, USCIS will review if the experience aligns with their specialty. For those with exceptional ability, USCIS will consider whether their skills match the work they plan to do under the NIW.

The new guidance also explains how USCIS decides if a proposed project is important to the U.S. This includes looking at supporting evidence, like letters of recommendation and business plans, to determine if the applicant is prepared to succeed in their work.

This update adds to previous guidance about advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurship. USCIS reviews each case individually, considering the applicant’s skills and expertise and how they relate to the proposed work.

If you have questions about the EB-2 visa, the National Interest Waiver, or other U.S. immigration issues, contact us. Our experienced attorneys provide personalized advice to help clients with their immigration needs.