The United States Citizenship and Immigration Services provides several employment-based visa categories; The EB-2 National Interest Waiver is one of the unique among them. This type of work visas does not require a US job offer, which is a big difference from other options; thus, applicants prefer the EB-2 National Interest Waiver. This article will introduce and analyze this visa, as its EB2 NIW approval rate and the rate of denials will be presented below.

EB2 NIW Approval Rate and Denial Rate

EB-2 NIW Visa: Understanding the Concept

The EB-2 National Interest Waiver is a part of the Employment-Based Immigration: Second Preference visa class. It allows the applicant to self-petition the visa directly with the US Citizenship and Immigration Services without the necessity of a job offer from a US employer. More than that, this visa removes the need for the labor certification process, known as the Program Electronic Review Management system, because it usually takes up to one year.

Normally, when applying for an EB-2 worker visa, a qualified US employer’s one must submit an application to the US Department of Labor titled the Application for Permanent Employment Certification, which must be certified. This statute’s notion comprises the tactic allowing no qualified US workers for this position be easily present, and hiring a foreign-based worker for the job will not weaken the wages and efficiency of US workers. Due to the NIW, this requirement banishes, allowing the applicant to elude a very long-lasting recruiting process.

Benefits of The EB-2 NIW Visa

EB-2 NIW Visa This visa allows applicants who will work and contribute to the US in areas of substantial merit and national importance. It helps the nation to grow and develop as a whole with skilled people working on different important activities that are contributing in the progress of the country.

EB-2 NIW visa: This is also a green card process. Those who are approved receive a green card, which allows them and their families to immigrate legally in the country. That provides stability and security for the beneficiary, as well as any family members.

Who Qualifies for the EB-2 NIW Visa?

First and foremost, one must satisfy the criteria for EB-2 classification. It is intended for foreigners who have an advanced degree or its equivalent or exceptional ability in their respective domain.

In the former, the applicant must have the baccalaureate or foreign equivalent degree, as well as “five years of post-baccalaureate progressive work experience in the specialty”. In the latter, the individual should show exceptional ability, which, in the opinion of USCIS, refers to “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”.

Once these criteria are met, there are specific requirements for an individual to qualify as an NIW applicant:

• the applicant’s proposed endeavor has both substantial merit and national importance;

• the applicant is well positioned to advance the proposed endeavor

• Demonstrating that the proposed venture would be in the national interest of the United States to make sure of both a job offer and labor certification.

How Visa Franchise Can Help with the EB-2 NIW Visa Process

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EB2 NIW Approval Rate

EB2 NIW approval rate for STEM professionals

The STEM job types such as software engineers, biomedical researchers and data scientists displayed a healthy approval rate of 93 % in the year 2021, creating hopes from this stand point. Moreover, in 2022 this trajectory continued with a significant increase as it advanced to up t0 95%. By 2023, however, a gentle dip of about 2% in the approval rate had started to take shape (approval rates dipped from nearly every job reaching an above-90%-level at one point to sinking back down just under this threshold), and our exploration around potential drivers for such comparisons now extends itself more broadly across these critical industries.

EB2 NIW approval rate for Non-STEM professionals

The same cannot be said for other job types such as non-STEM. From 71% in 2021, the upward move began to reach an impressive figure of 81% by 2022. This was a positive aspect that happened over time. But it took an abrupt downturn in 2023 to just a 66 percent change in store. Unpacking the mechanics of why this fall took place suggest that non-STEM employment approval rates may be influenced more heavily by other factors that deserve further scrutiny.

Form I-140

The Immigrant Petition for Alien Worker, or Form I-140, is an essential component of the US immigration process for employers around the country seeking to hire foreign workers on a permanent basis. This key document is filed with the United States Citizenship and Immigration Service (USCIS), representing the first rung of what could be a climb to US employment-based immigration.  It’s the employer’s way of initiating the application and expressing their intent to hire the foreign worker for a long-term position in the United States.

Form I-140 serves as a way to show the U.S. Citizenship and Immigration Services (USCIS) that a legitimate job offer exists from a U.S.

Objecting to Hiring Foreign Employer for the Worker and This form is important to prove that the job meets certain eligibility factors. At the end of the day, it is similar to asking one employer how suitable and trustworthy a foreign worker would be in relation with this particular task that an employee seeks then settle on their qualification.

Filing Form I-140

The process is a bit different when applying for the National Interest Waiver (NIW) by filing Form I-140 as compared to other employment-based immigrant petitions. A: The National Interest Waiver (NIW) is a provision in the law that allows certain foreign workers to apply for an exemption of the normal labor certification process.

Normally, employers have to show that they couldn’t find qualified U.S. workers for the job, but with the NIW, the foreign worker can apply on their own behalf. This means they don’t necessarily need a job offer from a U.S. employer to be eligible for the waiver. Instead, they must demonstrate that their work would be in the national interest of the United States.

For both regular employment-based immigrant petitions and NIW petitions, the employer or the applicant must provide substantial evidence to support the claims made in the form. This evidence is usually in the form of academic qualifications, professional experience, publications or letters of support.

Denials of the EB-2 NIW Visa

While the approval rate is great news, it’s important to realize that some case will indeed see denials. That makes 1,385 denied NIW visas in the fiscal year Q1 of FY2023. There are many reasons an application may be denied, such as not filling out the forms correctly of failing to prove that your endeavor falls within a national interest. While filing for EB-2 NIW visa, the importance to have a good application is of utmost significance as it avoids any form of denials

Conclusion

In providing a clear way for people with exceptional abilites based on the nature and or level of those abilities to be sponsored by an employer without needinga job offer, the EB-2 NIW visa category serves as great exemption. Though this visa type has quite a high approval rate, it is important for eligible candidates to substantiate their claims and have proper evidence on standby. As a result, when working with experts like Visa Franchise, individuals can benefit from the help they need to manage it.

But at the same time, it is just as important to bear in mind that certain petitions could be denied and this means a well-prepared submission should correspond with USCIS regulations. The EB-2 NIW visa can be a powerful tool for talented individuals who brings new milestones in the way of contributing to its development and growth, if handled correctly.