‎Eb-2-niw- National Interest Waiver Visa

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Getting an American visa is the dream of many people. In some cases this path can be facilitated as in the case of the EB visa in the NIW mode. This visa is a great alternative for professionals with proof of training in a US professional interest area.

US Work Visas: EB-2 and EB-2 NIW


The American EB-2 visa is aimed at professionals from other countries, who have good experience in the training area and who wish to have their permanent residence in the United States approved. This category is called “employment based”, also known here as “visa for workers with exceptional skills”.

For most professionals applying for EB-2 visa approval, they are required to have a permanent job offer in the US and an approved labor certification. To qualify for this visa, you must meet at least three of the seven criteria required by the United States Citizenship and Immigration Service (USCIS), as described below.

Criteria required for EB-2 approval:

Academic background and diploma related to your area of ??professional skill;

Vouchers, letters and documents that demonstrate at least 10 years of progressive experience in your professional field;

Valid authorization or license to practice your profession;

Evidence that you received compensation above the market average for your professional contributions;

Have registration or affiliation with a professional association in your area;

Documents that prove recognition for your achievements and contributions within your professional area;

Other evidence that proves exceptional ability in their professional field.


For the NIW (National Interest Waiver) or National Interest Force category, applicants must meet the "advanced degree" qualification or exhibit "exceptional capability" in their role.

These do not need a job or job offer in the US. Meeting the required criteria, applicants qualify for the "Green Card" based on the analysis of their academic/professional history and their merits and achievements in this field, so that they can contribute in areas where there is a shortage of qualified labor or areas of US professional interest.

Foreigners seeking a visa through the NIW are as if they were asking for the Labor Certification to be waived due to the United States` interest in that work. It is a procedure that proves that your presence in the United States will be beneficial to the country.

Those seeking this exemption can self-sponsor, which means they don`t necessarily need an employer to do so. That is, the person can present their work and their exceptional professional history, by themselves, without the need for an employer to do it for them.

If you choose to start the EB-2 visa application process by NIW - which is a waiver due to national interest -, it is important for the success of your application to gather as many documents as possible that prove the relevance of the their professional performance, thus, the chances of having the visa granted will be greater.

With these selected documents you need to prove that:

You intend to enter the US to undertake work that has substantial merit and national importance;

It is well positioned to move forward with its proposed work in the US;

Analyzing the entire document presented, it would be beneficial for the US to waive the requirements of offer and Labor Certification.

People who start the process for the NIW first receive a Work Permit, which is the work permit, valid for one year and renewable, while awaiting the review and approval of the Green Card. With this they must prove their qualifications to have their visa approved.

There are many professions from many different fields that fit the NIW applicant profile. The more specialized and better results your work has, the greater the chance that it will be relevant to the United States. The claim for your application for the EB-2 NIW Visa must be built on facts, documents and a solid, coherent and convincing defense.

Professionals who qualify for the EB-2 NIW

Any professional, in any field, can qualify for an EB-2 NIW visa, provided they meet the qualifications and requirements established by the USCIS.

With this there are a wide variety of occupations that can be used for the NIW, for example: researcher, scientist, artist, animator, musician, singer, doctor, dentist, pilot, entrepreneur, engineer, designer, lawyer, therapist, economist, teacher , entrepreneur, veterinarian, nurse, pharmacist, urban planner, consultant, manager and architect.

However, working in any of these professions does not guarantee eligibility for the EB-2 NIW. It is necessary to demonstrate that they are distinguished professionals and that their work, study or project will be of great benefit to the USA.

With no job certification requirement or job offer, the EB-2 NIW is a very interesting option for students, researchers, academics, postdoctoral fellows, Ph.D. and other advanced level professionals.

The EB-2 NIW visa represents an opportunity for foreigners to live and work in the United States. It is important to hire an immigration lawyer experienced in the matter to help you in the best way, making the process more efficient and agile. This process has served many Brazilians and may represent a good way to fulfill the dream of the American visa.


What is the EB2 NIW visa?

The EB-2 NIW (National Interest Waiver or National Interest Exception) visa is one of the most coveted by graduates seeking to immigrate to the United States. This type of visa is used by American companies that offer employment opportunities to a foreigner based on their professional qualifications.

How to get the EB2 NIW visa?

To obtain the EB-2 visa, the foreign national needs a job offer and a labor certification approved by the US Department of Labor.

How much does EB2 visa cost?

The process to obtain it is divided into three phases, and takes an average of two years, but this time can be reduced by an urgent fee in the amount of US$1,225.

What does EB2 mean?

The EB-2 visa is the main migration path to the US for qualified professionals and, in some cases, does not require a job offer. Know more! The EB-2 visa is a US visa for experienced foreign professionals that grants permanent residency to the applicant.

How to get the EB-2 visa?

Just prove academic background and professional experience. Thus, the granting of the EB-2 NIW visa automatically grants the Green Card. And not just the applicant, but also the spouse and their dependents. That`s right, you can guarantee your permanent residence as well as that of your family with this visa!


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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