Do I need to prove that no American workers are available for the position?

No. With EB-2 NIW (National Interest Waiver) you do not need to show that no American workers are available for the position. This is precisely one of the characteristics that sets this pathway apart from other employment-based categories.

The requirement to demonstrate the unavailability of local workers is part of labor certification, the process known as PERM, which applies to other visa types. The EB-2 NIW waives that labor market test: the applicant requests the waiver of the job offer by showing that their work serves the national interest.

As a result, the analysis centers on the merit and national significance of your work, not on a review of a specific labor market. Attributing to the EB-2 NIW an obligation to prove the absence of qualified American professionals is a common misconception. Since each case is evaluated individually, it is worth checking the updated guidance on the USCIS website and relying on qualified specialists.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.