The United States Citizenship and Immigration Services (USCIS) offers various employment-based visa categories, and the EB-2 National Interest Waiver (NIW) stands out as a unique option. Unlike most work visas, the EB-2 NIW does not require applicants to have a US job offer, making it an attractive choice for certain individuals. In this article, we will delve into what the EB-2 NIW visa entails, explore the EB2 NIW approval rate, and shed light on the denial rate as well.

EB2 NIW Approval Rate and Denial Rate

EB-2 NIW Visa: Understanding the Concept

The EB-2 National Interest Waiver is a specific subset of the Employment-Based Immigration: Second Preference (EB-2) visa category. It grants applicants the privilege of self-petitioning directly with USCIS, without the need for a job offer from a qualified US employer. One significant benefit of the NIW is that it waives the labor certification process requirement (PERM), which can be time-consuming and burdensome.

Typically, when applying for an EB-2 worker, a US employer must file with the US Department of Labor to obtain a certified Application for Permanent Employment Certification. This process involves demonstrating that there are no qualified US workers available for the position and that hiring foreign labor will not adversely affect the wages and working conditions of US workers. By obtaining an NIW, applicants can bypass this potentially cumbersome requirement and avoid a lengthy waiting period.

Benefits of The EB-2 NIW Visa

The EB-2 NIW visa provides applicants with the opportunity to work and contribute to the United States in fields that are deemed to have substantial merit and national importance. This not only benefits the individual, but also positively impacts the nation’s growth and development by attracting talented individuals to advance various critical endeavors.

Additionally, the EB-2 NIW visa is a path to permanent residency in the United States. Successful applicants are granted a green card, allowing them and their families to live and work in the country indefinitely. This long-term residency option provides stability and security for beneficiaries and their loved ones.

Who Qualifies for the EB-2 NIW Visa?

To be eligible for an EB-2 NIW, candidates must first meet the requirements for the EB-2 classification. This classification applies to foreign nationals who either hold an advanced degree (or its equivalent) or possess exceptional ability in their respective fields.

For the first subcategory, applicants must have at least a baccalaureate or foreign equivalent degree, along with five years of post-baccalaureate progressive work experience in their field. The second subcategory requires individuals to demonstrate exceptional ability, which USCIS defines as expertise significantly above what is ordinarily encountered in the sciences, arts, or business.

After meeting the EB-2 eligibility requirements, applicants must fulfill specific criteria to qualify for an NIW, including:

• Demonstrating that the proposed endeavor has both “substantial merit” and “national importance.”
• Proving that the applicant is well-positioned to advance the proposed endeavor.
• Justifying that the proposed endeavor would be beneficial to the United States in a way that warrants the waiver of both the job offer and labor certification requirements.

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

Navigating the complex process of obtaining an EB-2 NIW visa can be overwhelming, but the right support can make a significant difference. This is where Visa Franchise comes in.

Visa Franchise helps you, as a professional or entrepreneur, secure business opportunities that provide you with U.S. legal residency. You can obtain temporary status in as little as 15 days (E-2/L-1 Visa) and permanent green cards in less than 1 year (EB-1C/EB-2 NIW).

Since our founding in 2015, we have helped over 1,200 immigrants from more than 65 countries make their American Dream a reality. We utilize our network of franchises/attorneys, proprietary due diligence, and a proven process in order to secure fast results for you. Together with an immigration attorney, we provide a soft-landing solution to ease your transition to the United States.

EB2 NIW Approval Rate

EB2 NIW approval rate for STEM professionals

In 2021, STEM job types, including professions like software engineers, biomedical researchers, and data scientists, showcased a noteworthy approval rate of 93%, indicating a promising trend. This upward trajectory persisted in 2022, witnessing a notable surge to 95%. However, in 2023, a slight downturn emerged, with the approval rate dropping to 91%, prompting a closer scrutiny of the underlying dynamics influencing visa approval trends for these vital occupations.

EB2 NIW approval rate for Non-STEM professionals

The narrative for non-STEM job types follows a distinct trajectory. Beginning at 71% in 2021, there was an upward shift to 81% in 2022, indicating a positive trend. However, the course unexpectedly changed in 2023, with a sharp downturn to 66%. This decline prompts a closer examination of the factors influencing approval rates for non-STEM occupations.

Form I-140

Form I-140, known as the Immigrant Petition for Alien Worker, plays a vital role in the U.S. immigration process, especially for employers looking to hire foreign workers on a permanent basis. This important document is submitted to the United States Citizenship and Immigration Service (USCIS) and serves as the first step in the employment-based immigration process. 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. employer for the foreign worker. This form is crucial in demonstrating that the job opportunity meets specific eligibility criteria. Essentially, it’s like the employer vouching for the foreign worker’s qualifications and confirming their intention to hire the individual for a particular role.

Filing Form I-140

When filing Form I-140 for the National Interest Waiver (NIW), the process differs slightly from other employment-based immigrant petitions. The National Interest Waiver (NIW) is a provision that allows foreign workers who meet certain criteria to apply for a waiver of the usual 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 may include academic qualifications, professional achievements, publications, letters of recommendation, and other relevant documentation.

Denials of the EB-2 NIW Visa

Despite the favorable approval rate, it’s essential to acknowledge that some cases may face denials. As of FY 2023 (Q1), there have been 1,385 denied NIW visas. Denials can occur for various reasons, including failure to meet eligibility criteria or insufficient evidence to demonstrate the national interest aspect of the proposed endeavor. When pursuing an EB-2 NIW visa, it’s crucial to have a well-prepared and thoroughly documented application to minimize the risk of denial.

Conclusion

The EB-2 NIW visa offers a valuable pathway for foreign nationals with exceptional abilities or advanced degrees to secure employment in the United States without needing a specific job offer. While the approval rate for this visa category is promising, it is essential for applicants to meet the eligibility criteria and present a compelling case to ensure a successful outcome. By partnering with experts like Visa Franchise, individuals can receive the necessary support to navigate the process smoothly.

However, it is equally crucial to recognize that some cases may face denials, highlighting the importance of thorough preparation and meeting USCIS requirements. With the right approach, the EB-2 NIW visa can open doors to exciting opportunities for skilled individuals seeking to contribute to the nation’s growth and development.