EB-2 -NIW

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Our Immigration Service Includes:

  • Full Review of your personal circumstances
  • Confirmation that the Visa type is appropriate for you
  • Accurate preparation of your visa application
  • Submission of your visa application to the proper government agencies
  • Careful co-ordination of all correspondence with government agencies
  • Expert advise on how to handle yourself at your Consular or USCIS interview,and what to expect
  • Unlimited personal communication with your own Toppins Law Firm immigration attorney

Introduction : EB2 (National Interest Waiver)

Highly achieved aliens may seek a “National Interest Waiver” (NIW) petition, which falls under the second preference (EB2) category of employment-based immigration.  Individuals seeking the NIW petition request that the Labor Certification be waived because it is in the interest of the United States to retain such an individual without requiring the labor certification process. The NIW is often granted to those who have exceptional abilities and whose employment in the U.S. would greatly benefit the national interest

Minimum Requirements

  • a beneficiary or applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business
  • The prospective beneficiary must seek employment in an area of substantial, intrinsic merit;
  • The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the United States to waive the standard requirements of a job offer and labor certification
  • The proposed benefits of the beneficiary’s work is national in scope;
  • While each NIW case is adjudicated on its individual merits, the burden of proof is always on the applicant or beneficiary to establish that exemption from labor certification will be in the national interest of the U.S., a beneficiary or applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the United States to waive the standard requirements of a job offer and labor certification.

Why to get EB2 NIW?

NIW applications have clear advantages over regular employment-based immigrant petitions. Since there is no labor certification or permanent job offer requirement, an NIW is an attractive choice for scholars, researchers, postdoctoral research fellows, Ph.D. students, and other advanced degree professionals. Despite factors that generally make it difficult to receive an NIW, our approval rate remains very high as a result of our experienced immigration attorneys.