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     /  USA  /  Extraordinary Ability  /  EB-2 NIW
    EB-2 NIW
    National Interest Waiver
    Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
    Eligibility Criteria
    Under the new framework, and after eligibility for EB-2 classification has been established, USCIS may grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence:

    (1) that the foreign national’s proposed endeavor has both substantial merit and national importance;
    (2) that the foreign national is well positioned to advance the proposed endeavor; and
    (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.
    Acceptable Evidence for Eligibility
    ˗ A letter from you and/or your company describing the work and its importance
    ˗ Articles or other published media discussing your and/or your company’s work and its importance
    ˗ Letters from experts in the field attesting to your work and its importance
    Testimonial letters should include information about the expert’s own credentials, such as a C.V
    ˗ Published articles or media reports
    ˗ Copies of contracts, agreements, or licenses showing the scope and impact
    ˗ Letters from current and former employers discussing your work and its national importance
    ˗ Copies of published articles that cite or otherwise recognize your achievements
    ˗ Copies of grants or other funding you received listing the amount and terms of the grants,
        as well as the principal and co-investigators
    ˗ Documents showing how your work is being implemented by others, for example:
    - Contracts with companies using your or your company’s products
    - Documents showing licensed technology that you and/or your company invented or co-invented, and how that
        licensed technology is being used by others
    - Patents or licenses awarded to you and/or your company with documents showing how they are being used and
        why they are significant to your field
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