- Official academic records showing that the foreign national has a degree, diploma, certificate, or similar award; from a college, university, school, or other institution of learning related to his/her area of exceptional ability;
- Letters documenting the foreign national has at least 10 years of full-time experience in his/her occupation;
- The foreign national is licensed to practice his/her profession or holds certification for his/her profession or occupation;
- Evidence that the foreign national has commanded a salary or other remuneration for services that demonstrates his/her exceptional ability;
- The foreign national is a member of a professional association(s);
- Recognition for the foreign national’s achievements and significant contributions to his/her industry or field by his/her peers, government entities, and/or professional or business organizations; and/or
- Other comparable evidence of eligibility.
National Interest Waivers (EB-2 NIW) are available to some foreign nationals with advances degrees or exceptional abilities. A National Interest Waiver (NIW) eliminates the requirement of a permanent job offer and thus, the labor certification because your employment would be in the interest of the U.S. This allows you to self-petition for an immigrant visa. While you may petition for yourself if you qualify for an NIW, an employer may also file an EB-2 NIW immigrant visa petition on your behalf. Employers will often opt for the EB-2 NIW immigrant visa petition, if available, because it allows them to avoid what can be a lengthy and expensive labor certification and recruitment process. Regardless of whether you self-petition or an employer sponsors you, it must be established that your employment would greatly benefit the United States. To qualify for an NIW, you must establish:
- Your work has both substantial merit and national importance;
- You are well-positioned to advance your proposed endeavor; and
- When balancing your qualifications and proposed work, it would be beneficial to the United States to waive the requirements of a job offer and thus, the requirement of a labor certification.
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