Is it true that NIW is more subjective than EB-2 PERM?

The EB-2 NIW (National Interest Waiver) visa is, indeed, considered somewhat more subjective compared to the traditional EB-2 path with PERM. In brief, the EB-2 NIW waives the job offer requirement and labor certification (PERM), allowing the applicant to request a waiver of these requirements based on demonstrating that their work provides a substantial benefit to the country.

In the case of the EB-2 NIW, the process involves submitting a set of evidences that demonstrate the relevance and importance of the work performed, as well as the potential positive impact on the United States. This analysis, by its nature, involves a more qualitative assessment, where factors such as innovation, contribution to strategic areas, and economic impact are considered.

Since there is no strict mathematical formula to measure these items, the process can be perceived as more subjective. On the other hand, the EB-2 via PERM is based on more standardized rules. In this path, the employer must conduct rigorous recruitment processes and demonstrate that there are no available American workers for the position.

The process involves well-defined steps and requirements that, although complex, have more objective and measurable criteria. It is always important to remember that, regardless of which route is chosen, strictly following the United States immigration laws and regulations is fundamental. Seeking information from reliable and specialized sources can help avoid mistakes, scams, or marketing campaigns that promise guaranteed results.

Each case has its particularities and must be analyzed carefully and responsibly to meet the requirements set by immigration authorities.

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.