However, we at North America Immigration Law Group have successfully helped more than 10,000 clients obtain EB2 NIW (National Interest Waiver) approval, with the overall approval rate close to 100%. Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest". The petition not only needs to establish the foreign national's qualifications under EB2, but also demonstrate that the qualifications satisfy the National Interest Waiver requirements (three-prong test in the Matter of Dhanasar decision). For an EB2 NIW (National Interest Waiver) case, the foreign national can self-petition the case. The petition needs to establish the qualifications of the foreign national (an individual with advanced degree or exceptional ability). The foreign national is called the "beneficiary". employer needs to act as the case petitioner, and the petitioner (employer) needs to obtain a labor certificate before filing Form I-140 for the foreign national. What are the differences between Regular EB2 visa and EB2 NIW (National Interest Waiver) petitions?įor an ordinary EB2 case, a U.S.
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