Do I need to prove that there are no Americans available for the position?

The EB-2 NIW (National Interest Waiver) visa is intended for professionals who can demonstrate that their skills and achievements have a significant impact on the national interest of the United States. This benefit allows, in certain cases, a waiver of the job offer requirement and the labor certification process.

Unlike some other immigrant visas, with the EB-2 NIW you do not need to prove that there are no American workers available for the position. Instead, the focus is on demonstrating that your work, area of expertise, and proposed contributions have substantial relevance to the country’s interests.

In other words, the evaluation revolves around the merit and potential impact that your activities can have at a national level, not the verification of a specific labor market. It is crucial to understand that U.S. immigration rules are strict and that each application is analyzed on an individual basis.

Therefore, attributing to the EB-2 NIW the obligation to prove the absence of qualified American labor for the position is a common misconception, as this requirement applies to other types of visas that undergo the labor certification process (known as PERM). Staying informed and consulting official sources or specialized immigration professionals can help avoid misunderstandings and falling into the traps of unfounded promises.

Always remember to comply with the country’s laws and be cautious of companies or marketing campaigns that guarantee quick results or absolute certainties in immigration procedures.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.