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In our first blog of this 3-part series, we introduced the EB1A extraordinary ability green card as a pathway for high-skilled individuals such as H visa holders, students, and OPT participants who want to extend their stay in the U.S. and move toward permanent residency. Today, we turn to another powerful option: the EB2 National Interest Waiver, commonly known as the EB2/NIW.
What Is the EB2/NIW?
The EB2 category is for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Normally, applicants need a job offer and labor certification. However, with the National Interest Waiver, you can bypass those requirements if you can demonstrate that your work benefits the United States in a way that is considered nationally important.
This makes the EB2/NIW especially appealing for researchers, entrepreneurs, healthcare professionals, educators, and others whose contributions have a broader positive impact on the country.
Who Qualifies for the EB2/NIW?
To qualify, you need to meet one of the following:
Hold an advanced degree (master’s or higher) or its equivalent, or
Demonstrate exceptional ability in your field.
For the National Interest Waiver, you must also prove three things:
Your proposed endeavor has substantial merit and national importance.
You are well-positioned to advance this endeavor.
On balance, it would benefit the U.S. to waive the job offer and labor certification requirement.
Why EB2/NIW Can Be Ideal for H Visa Holders, Students, and OPT Participants
Many high-skilled individuals currently in the U.S. find themselves limited by employer sponsorship. The EB2/NIW provides freedom from that dependence, allowing you to pursue your work or research while applying for permanent residency.
For students completing advanced degrees, professionals working in critical industries, or OPT participants building impactful projects, this visa category offers a realistic pathway to a green card.
Looking Ahead
The EB2/NIW is an excellent option for those who can show their contributions matter to the U.S. at a national level. Combined with EB1A, it forms part of the strongest set of green card opportunities for high-skilled individuals.
In the third and final blog of this series, we will explore one more option that could be the right fit for your situation.
If you think EB2/NIW might apply to you, consult with an experienced immigration attorney who can evaluate your eligibility. Once your attorney confirms, tools like a personal endeavor plan or business plan can help showcase your case in the strongest possible way.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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