The National Interest Waiver immigration category is a special subcategory of EB-2, suitable for highly educated researchers and academic professionals. Applicants do not require employer sponsorship. As long as they can prove that they can independently bring benefit to the United States through their abilities, they may obtain a permanent green card.
Project Advantages
No employer required, no investment required, no language or strict academic limitations, no industry restrictions, fast processing, high visa quota availability. One applicant can immigrate with the entire family (spouse and unmarried children under 21).
Can be filed simultaneously with EB1-A.
Eligibility Requirements
Eligibility Requirements 1. Must meet one of the EB-2 criteria
a: Highly educated: Master’s degree or above, or Bachelor’s degree + 5 years of relevant work experience.
b: Exceptional ability: Must meet at least 3 of the following 6 criteria:
i. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability. Professional academic qualification in relevant field
ii.Letters from current or former employers documenting at least 10 years of full-time experience in your occupation. At least 10 years of full-time professional experience
iii. A license to practice your profession or certification for your profession or occupation. Professional license
iv. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability. Evidence of high salary or remuneration due to exceptional skills
v. Membership in a professional association(s). Membership in professional associations
vi. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations. Recognition of achievements and contributions by peers, government, or professional/business organizations
vii. Other comparable evidence of eligibility is also acceptable. Other supporting evidence is acceptable
2. The immigration authority will evaluate EB-2 applicants for National Interest Waiver based on the following three criteria:
a. The proposed endeavor has both substantial merit and national importance. The professional field has significant value and national importance
b. You are well positioned to advance the proposed endeavor. You are well qualified to advance the field
c. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification. Overall, waiving the job offer and labor certification requirement would be beneficial to the United States.
Application Process
Stage
Description
Timeframe
Application Process
Sign contract and prepare required application materials
15 days – 3 months
I-140 Filing
Submit I-140 petition
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I-140 Approval
I-140 petition approved
Approximately 9–12 months
NVC Processing
Case transferred to the U.S. National Visa Center (NVC), waiting for interview notice
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Visa Issuance
If in home country: attend interview in Guangzhou and obtain visa
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Status Adjustment
If in the U.S.: file I-485 adjustment of status
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Entry & Green Card
Enter the U.S. within 6 months and receive green card
Green card issued approximately 1–2 months after entry
