What is the NIW (National Interest Waiver) for Doctors, Scientists, and More?

If you are a specialized doctor, scientist, or PhD student, you may be able to go through the process of obtaining a NIW (National Interest Waiver), also known as the Second Preference EB-2. This is a type of employment-based immigration that could be helpful to you if you see many opportunities in the U.S. for your line of work and want to make it official. You could find that you are eligible for one of these waivers if you are a member of a specialized profession holding an advanced degree or you have exceptional ability in a certain career. You believe that your Labor Certification should be waived in the interest of the U.S. If you believe that your skill or employment opportunities would greatly benefit the U.S., you could apply for this. You may be able to self-petition if you can show evidence of such. You must meet criteria as mentioned below, as well as showing that you will benefit the country by working there. Now, you may wonder if you hold eligibility or not, and how you can move forward with the process. We can help.

Those Who Are Eligible for the EB-2

Advanced Degree: Perhaps you want to apply for a career that requires an advanced degree. You must possess this type of degree or its equivalent, a baccalaureate degree and 5 years of experience in that particular field. If you believe you qualify, you must be able to produce evidence of such, like an official record from an academic institution or letters from employers showing that you have at least 5 years of experience in this field.

Exceptional Ability: You must be able to show that you have a history of exceptional ability for techniques in the arts, sciences, or business fields. This means that you meet a degree of expertise that is well beyond the experience of others in that same field. You must also meet other criteria, as stated below.

Criteria That Must Be Met

We move onto the criteria that you must meet to be eligible for the EB-2. Here are a few of these criteria:

  • Official academic records showing your exceptional abilities
  • Letters stating that you have at least 10 years of full-time experience in the occupation mentioned
  • License to practice this profession in the workplace
  • Evidence that you have received a salary for your work
  • Membership in a professional association
  • Your achievements being recognized by peers, government entities, and more

If your work is considered to be "national in scope" or there will be many benefits on a national scale, you are most likely to receive an EB-2 based on your qualifications. In these cases, it is less about working in a field of national interest and more so showing that your abilities are going to benefit many people, which gives you something to think about. At the Sky Law Firm, if you believe that you qualify for one of these special waivers based on your skill, we want to help you achieve the waiver you deserve. Please give us a call to speak about your case as soon as possible at 714-880-4869.