EB-2 and National Interest Waiver Petitions Guidance Update

U.S. Citizenship and Immigration Services announced an update to the EB-2 National Interest Waiver program. The update clarifies how the organization evaluates eligibility for the EB-2, second preference employment-based immigration petition, filed with a National Interest Waiver (NIW). The update specifically addresses how USCIS considers the EB-2 and NIW in conjunction.

Usually, an employer files an EB-2 petition with Form I-140 after getting a labor certification from the Department of Labor. However, USCIS can skip the job offer and labor certification requirement if it benefits the United States. Also, people applying for an NIW can file the petition themselves without requiring an employer.

To apply for an NIW, a person must first show they meet the requirements for the EB-2 category. This means they must either have an advanced degree in their field or be exceptionally skilled in science, the arts, or business. For those with advanced degrees, USCIS will first consider if the job they are pursuing is considered a profession. If citing 5 years of experience after earning a bachelor’s degree to qualify, USCIS considers if the experience is in alignment with their area of specialty. For those with exception ability, USCIS considers if those skills support their proposed area of work under the NIW request.

The new guidance also explains how USCIS determines if a proposed project is important to the nation. It outlines how they review evidence, like letters of support and business plans, are used to determine if someone is prepared to succeed in their proposed work.

This update builds on previously released Policy Manual publications focused on advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. USCIS considers each case individually, looking at the person’s skills, knowledge, or expertise and how they relate to the proposed work.

If you have questions about the EB-2 visa, the National Interest Waiver, or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their particular situations.