Faq's / Employment

What are the differences between the Regular EB2 petition and EB2 NIW petitions?

The EB-2 visa category is a pathway for foreign nationals with exceptional abilities or advanced degrees to obtain permanent residency in the United States. There are two main types of EB-2 petitions: the regular EB-2 petition and the EB-2 NIW (National Interest Waiver) petition. The key differences between the two are as follows:

Job offer: The regular EB-2 petition requires a job offer from a US employer, whereas the EB-2 NIW petition does not require a job offer or employer sponsorship.

Labor certification: The regular EB-2 petition requires a labor certification from the Department of Labor, which involves the employer demonstrating that there are no qualified US workers available for the position. The EB-2 NIW petition does not require a labor certification.

National interest: The EB-2 NIW petition requires the applicant to demonstrate that their work is in the national interest of the United States, whereas the regular EB-2 petition does not have this requirement.

Eligibility criteria: The eligibility criteria for the regular EB-2 petition and the EB-2 NIW petition are different. For the regular EB-2 petition, the applicant must have a degree of expertise significantly above that ordinarily encountered in the field. For the EB-2 NIW petition, the applicant must have exceptional abilities in the sciences, arts, or business, or an advanced degree, and their work must be in the national interest of the United States.

In summary, the main differences between the regular EB-2 petition and the EB-2 NIW petition are the job offer requirement, labor certification, national interest requirement, and eligibility criteria.

EB-2 NIW - FAQ

What are the differences between the Regular EB2 petition and EB2 NIW petitions?

Who is eligible for EB-2 NIW?

Is a job offer required for an EB-2 NIW immigrant petition?

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