Unlike the above categories, you will be exempted to have a job offer and an approved labor certification if you can demonstrate that you have advanced degrees or exception ability in sciences, arts or business and prove that your work is unique and important. Generally, NIW is granted to applicants who are involved in an activity which could prospectively benefit the US national interest. Applicants seeking NIW may self-petition and file their labor certification directly with USCIS.
In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 NIW criteria below in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer and an approved labor certification:
π Your proposed endeavor has both substantial merit and national importance
π You are well positioned to advance the proposed endeavor
π It would be beneficial to the US to waive the requirements of a job offer and thus the labor certification
List of Example Documents to Prove That Your Work and Ability Will Benefit the US
π Published articles and media reports that recognise your achievements
π Contracts, agreements or licenses showing the scope and impact
π Reference letters from employers discussing the applicantβs work and its national importance
π Reference letters from experts in the field attesting to the applicantβs work and its national importance
π Evidence of funding that the applicant received for their work
π Evidence of how applicantβs work and/or contributions are used by others in the field
How to Apply
π Applicant self-petitions by filing the Immigrant Petition for Alien Worker β Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
π Applicant files Application to Register Permanent Residence or Adjust Status β Form I-485 with the USCIS once the I-140 has been approved
π Attend I-485 interview with the US Embassy or Consulate if you have been invited for an interview
*USCIS will automatically schedule an interview in the following situations:
β Legal status and/or identity must be validated
β Evidence of fraud
β Applicant has a class A or B medical condition
β Doubt about the applicantβs qualifications or admissibility
β Second time the I-485 application was filed
π Applicantβs status will automatically switch to legal permanent resident status under the EB-2C green card
Applying from Any Country Outside the US
π Applicant self-petitions by filing the Immigrant Petition for Alien Worker β Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
π Applicant applies for the visa by filing an Online Immigrant Visa Application β DS-260 once the I-140 has been approved
π Schedule an appointment for an EB-2C visa interview with the US Embassy or Consulate
β All applicants between 13 β 80 years old are required to have an interview
π Enter US and continue to work in your field of advanced degree or exceptional ability