Vertical menu icon, also known as the hamburger icon
Immigration Solutions
Banner logo image
Law Office of Hamid R. Kashani
Attorney at Law
Show Full Menu

National Interest Waiver (EB-2C)

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018 (last modified Jan 31, 2019)

What is EB-2C immigrant visa category?

Employment-Based immigrant visas are divided into five (5) preference classes.  EB-2C (sometimes referred to as EB-2 NIW) is a subcategory of the second preference.  It is reserved for aliens of exceptional ability whose employment here would greatly benefit the nation.

Image of a satellite in space

Do I qualify for EB-2C (or EB-2 NIW) immigrant visa category?

This immigrant visa category is reserved for immigrants who possess exceptional ability in the sciences, arts, or business, which is significantly above the level ordinarily encountered in the sciences, arts, or business. National interest waivers are usually granted to the aliens whose employment in the United States would greatly benefit the nation.

If you qualify for this immigrant visa category, you would not need to go through the labor certification process and you may directly self-petition the USCIS to approve you for this classification. Optionally, your prospective employer, if any, may petition the USCIS to approve you for this classification.

EB-2C visas are usually immediately available for citizens of most countries and there is no waiting time, except for processing time, to acquire this visa. You may check the visa availability of a particular visa category for your country of origin. See Priority Date & Visa Availability.

What evidence do I need to show for EB-2C (or EB-2 NIW) classification?

To qualify for National Interest Waiver, at the minimum you must qualify under the criteria for either Advanced Degree Professionals or the criteria for Aliens of Exceptional Ability.

Additionally, you must submit evidence showing that your work carries such significance that would merit waiver in the national interest of the United States. To prove this, you must show "(1) that [your] proposed endeavor has both substantial merit and national importance; (2) that [you are] well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification." Matter of Dhanasar, 26 I N Dec. 884, 889 (AAO Dec. 27, 2016).

Finally, you should submit a completed Form ETA-750B (Part B of the Application for Alien Employment Certification) and request that the USCIS waive the labor certificate requirement, by presenting evidence that your work serves, and would serve, the national interest of the United States to a greater extent than the contributions of your peers.

How can I file a petition for EB-2C (or EB-2 NIW) classification?

To apply for EB-2C classification, you may directly file an Immigrant Petition for Alien Worker (USCIS Form I-140), Form ETA-750B (Part B of the Application for Alien Employment Certification), and extensive, supporting evidence, which can be rather complicated. The petition may also be filed by your prospective employer, if any.

To see the current USCIS fee for this petition, see USCIS Fee Schedule.

To see how long the USCIS would take to adjudicate your petition, see USCIS Processing Times.

Premium processing is not yet available for this kind of petition.

What happens after the EB-2C classification petition is approved?

If you are in the United States and qualify, you may apply for Adjustment of Status.  If you qualify to file for adjustment of status and a visa is immediately available to you, you should file an Application for Adjustment of Status together with the petition.

If you are outside of the United States or do not qualify to file for adjustment of status, you must go through Consular Processing, to actually receive an immigrant visa.

 

Traveling Outside of the United States during the Immigration Application Process

Working in the United States during the Immigration Application Process

Applying for Citizenship

 

Was the information on this page helpful?
Home iconHome|About Us iconAbout Us|
Contact Us iconContact Us|Schedule Consultation iconSchedule Consultation
Terms of Use iconTerms of Use|Privacy Policy iconPrivacy Policy|
Important Notice iconImportant Notice
© Copyright, Law Office of Hamid R. Kashani, 2019. All rights reserved.

made by e-Commerce-Consulting.com