Is the EB-2 NIW subject to annual visa limits?

The EB-2 NIW (National Interest Waiver) visa is a popular option for professionals with a master’s degree or a bachelor’s degree plus progressive experience, or for individuals who demonstrate exceptional abilities in their fields. This visa allows the applicant to request a waiver of the job offer requirement and the labor certification process (PERM), if they can demonstrate that their work is in the national interest of the United States.

However, this does not mean that the category is free from limitations regarding the number of visas granted annually. In fact, the EB-2 NIW falls under the EB-2 category, which, like all employment-based immigration categories, is subject to an annual cap established by the United States Congress.

Thus, although the NIW benefit offers greater flexibility regarding the job offer requirement, the applicant is still included in the overall EB-2 count and, consequently, subject to quotas and backlogs that may occur, especially for countries with a high number of applications. Visa availability can vary monthly, and it is common for the U.S. Department of State to publish updates on visa availability for each country and category through the Visa Bulletin.

It is essential that those interested in immigration processes are aware of these rules and monitor official updates from U.S. authorities. Furthermore, it is always advisable to seek information from reliable sources and be cautious of miraculous promises or simplistic approaches in marketing campaigns. Strictly following immigration laws and relying on guidance from qualified professionals can prevent problems and scams that unfortunately exist in this market.

Therefore, if you are considering the EB-2 NIW as an option to immigrate to the United States, remember that despite the advantages the NIW offers by waiving certain requirements, it still falls within the annual quota of the EB-2 category. Staying well informed and seeking trustworthy sources is essential for a smoother path toward legal and successful immigration.

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.