What law underpins the EB-2 NIW?

The EB-2 NIW is a visa category that allows professionals with advanced skills or exceptional qualifications to apply for a waiver of the job offer requirement, betting on the benefit their contributions can bring to the United States.

To clearly understand how this modality is legally grounded, it is important to know the legislation that governs immigration visas in the country. The legal basis that supports the EB-2 NIW is found in the Immigration and Nationality Act (INA), which is the United States Immigration and Nationality Law.

In particular, section 203(b)(2) of the INA sets the criteria for second-preference employment-based immigration visas and allows the granting of the waiver in the national interest – the so-called National Interest Waiver (NIW). This legal provision authorizes that, under certain conditions, applicants may dispense with the requirement of a prior job offer and the labor certification process, as long as they prove that their entry will bring significant benefits to the country.

It is always important to reinforce that strictly following U.S. immigration laws and seeking reliable sources for information about the process is crucial. Consulting specialized professionals and organizations can be a way to avoid misunderstandings and pitfalls, especially in the face of offers that promise guaranteed results or miraculous approval testimonials.

Respecting the procedures and keeping up with legislative updates are essential measures for anyone considering the immigration process.

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.