Do the EB-2 NIW and EB-2 PERM share the same priority in the Visa Bulletin?

When dealing with employment-based visas for the United States, questions about processes and regulations often arise, especially regarding the EB-2 categories. Two commonly discussed paths are the EB-2 NIW (National Interest Waiver) and the EB-2 with the PERM process. Although both fall under the same EB-2 immigration category, there are particularities in their processes that may cause confusion.

In terms of the Visa Bulletin, which is the monthly bulletin from the U.S. Department of State that reports priority dates for immigrant visas, the EB-2 NIW and EB-2 PERM compete within the same EB-2 group. This means that, for the purpose of viewing the bulletin, they are subject to the same cut-off date when the country of origin and other criteria apply. Thus, the priority date established in the process (which marks the start of the procedure) will be used for both paths, regardless of whether they are based on a job offer with the PERM process or on a waiver request supported by the national interest argument (NIW).

It is worth noting, however, that although they have the same ‘position’ in the bulletin, the criteria and requirements for approval of each path can vary considerably. In the EB-2 PERM, the job offer and labor certification process are fundamental steps, whereas the EB-2 NIW allows the immigrant to request a waiver of the job offer requirement by demonstrating that their activity would provide a substantial benefit to the United States. This can influence the immigration authorities’ decision, even though the impact on the priority date is the same.

Regardless of the chosen path, it is essential to act according to U.S. immigration laws, seeking updated information and guidance from official sources or duly qualified experts in the field. Beware of easy promises and marketing campaigns guaranteeing results, as immigration processes are regulated by strict rules and each case has its particularities.

In summary, for the purposes of the Visa Bulletin, the EB-2 NIW and EB-2 PERM are evaluated within the same category, but the chosen path can influence the strategy and security of the immigration process. Always carefully assess your options and stay informed about the current rules.

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.