Why does the NIW not require proof of “unavailability of US workers”?

Because the EB-2 NIW (National Interest Waiver) operates under a different logic than most employment-based visas. Instead of protecting the local labor market, it focuses on the national interest: what matters is the value and impact of the applicant’s contribution to the United States.

In traditional employment-based processes, a labor market test is typically required, in which the employer demonstrates that there are no qualified local workers available for the position. This step is carried out through labor certification, known as PERM, and presupposes a job offer and a sponsoring employer.

The NIW waives precisely this step. Because the goal is to attract individuals who can advance areas of relevance to the country, the applicant is asked to demonstrate that their work, research, or skills bring significant benefits, rather than proving the “unavailability of US workers”.

This waiver, however, does not make the process automatic: the national relevance must be well substantiated. It is worth checking the updated requirements on the official source (USCIS) and seeking specialized guidance.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.