The US EB-2 visa has undergone important updates that allow foreign workers to apply for a green card to work in America without needing a job offer. These changes primarily impact individuals seeking a National Interest Waiver (NIW) under the second preference employment-based visa category. This updated policy allows eligible professionals and workers to bypass the traditional job offer requirement, making it easier to live and work in the United States.
Work in America Without a Job Offer Updated to Rules for Foreign Workers for US EB-2 Visa
In this article, we’ll break down the latest rules surrounding the US EB-2 visa, the National Interest Waiver, and what these updates mean for foreign workers seeking to immigrate to the U.S. without a job offer.
What is the US EB-2 Visa?
The US EB-2 visa is a second-preference employment-based immigrant visa for foreign nationals with advanced degrees or exceptional abilities in fields such as sciences, arts, or business. Typically, this visa requires a job offer from a U.S. employer and a labour certification from the Department of Labor (DOL).
However, there’s an exception to this rule called the National Interest Waiver (NIW), which allows certain individuals to apply for an EB-2 visa without the need for a job offer or labour certification. Let’s dive into the recent updates regarding this policy.
Key Updates in the US EB-2 Visa Rules
The United States Citizenship and Immigration Services (USCIS) has updated its policy guidelines for evaluating eligibility for the EB-2 visa and National Interest Waiver (NIW) applications. Here are the key points of the updated policy:
1. National Interest Waiver (NIW) for EB-2 Applicants
Traditionally, applicants for the EB-2 visa were required to have a U.S. employer sponsor them and obtain a labour certification. Now, applicants seeking an NIW can self-petition and bypass the job offer requirement. This means that individuals do not need to be employed by a U.S. company to apply for an EB-2 visa under this provision.
2. Waiver of Labor Certification
Along with the job offer, the labour certification requirement is also waived when applying for the National Interest Waiver. This allows foreign workers to skip the lengthy and complex process of obtaining labour certification from the Department of Labor.
Key takeaway: With the National Interest Waiver, applicants don’t need a U.S. employer labour certification. Instead, they can apply independently if their work is in the national interest of the United States.
3. Self-Petitioning for the NIW
Under the updated guidance, individuals can now self-petition for the NIW, meaning they can apply on their behalf without needing an employer to sponsor them. This opens up new opportunities for professionals who wish to contribute to the U.S. but don’t have a direct job offer from a U.S. employer.
4. Qualification for the EB-2 Visa
For those seeking the National Interest Waiver, they must first demonstrate that they qualify for the underlying EB-2 visa. Applicants must show that they meet one of the following criteria:
- Advanced degree professional: You hold an advanced degree (or its equivalent) and have at least 5 years of experience in the field.
- Person of exceptional ability: You have exceptional ability in the sciences, arts, or business, meaning you have a level of expertise significantly above that ordinarily encountered in your field.
5. Assessing National Importance
One of the most important elements of the National Interest Waiver is the need to demonstrate that the applicant’s work or endeavour holds national importance. This could be in fields such as public health, technology, or environmental sustainability.
USCIS evaluates the national importance on a case-by-case basis, looking at evidence like letters of support, business plans, and how the applicant’s proposed work aligns with the U.S.’s interests.
6. Documentation for NIW Applications
To apply for the National Interest Waiver, applicants must submit the following documentation:
- Completed Form ETA-9089: This form is used for labour certification purposes but is submitted without DOL approval.
- Supporting evidence: This may include letters of recommendation, business plans, or other documents that demonstrate how the applicant’s work will benefit the U.S.
How Does the National Interest Waiver Help Foreign Workers?
The NIW significantly benefits professionals who have skills that are critical to the national interest of the United States. Some of the advantages of the NIW for applicants include:
- No job offer required: You don’t need a job offer to apply.
- Nolabourr certification required: The cumbersome and time-consuming certification process is waived.
- Self-petitioning: You can apply without employer sponsorship, giving you greater flexibility and control over the process.
Visual Representation of the EB-2 Visa and NIW Process
Here’s a simple graphic to visualize the process of applying for an EB-2 visa with a National Interest Waiver:
| Step | Description |
|---|---|
| Step 1: Eligibility | Prove you meet EB-2 criteria (Advanced Degree or Exceptional Ability) |
| Step 2: National Interest | Gather and submit supporting documents such as business plans, and letters of recommendation.n |
| Step 3: Documentation | Once USCIS approves the NIW petition, you can proceed with the green card process. |
| Step 4: Petition Submission | File Form I-140 (Immigrant Petition for Foreign Workers) with the USCIS |
| Step 5: Approval | Once USCIS approves the NIW petition, you can proceed with the green card process |
Conclusion: Take Advantage of the Updated EB-2 Visa Rules
The recent updates to the US EB-2 visa rules present a unique opportunity for foreign workers who wish to immigrate to the United States without a job offer. The National Interest Waiver allows applicants to bypass the traditional job offer and labour certification requirements, enabling professionals to self-petition based on the national importance of their work.
Whether you are an advanced degree holder or someone with exceptional ability in your field, the EB-2 visa with a National Interest Waiver can provide a faster and more streamlined pathway to permanent residency in the U.S.
If you believe your work can contribute to the national interest of the United States, it’s time to explore your eligibility for the EB-2 visa and National Interest Waiver.
