EB-2 National Interest Waiver - Dhanasar Criteria Explained!

The EB-2 (C) visa, or National Interest Waiver (NIW), is one of the most desirable U.S. visas available today. For those unfamiliar with NIWs, this visa provides a direct pathway to U.S. Legal Permanent Residency (Green Card) for qualified foreign nationals who either hold an Advanced Degree (master’s degree, equivalent, or higher) or can demonstrate Exceptional Professional Ability in a given field, whose proposed professional endeavor in the United States warrants the waiving of a job offer because their work is considered to be “of national interest”.

Throughout the years, the Azadi Law team have expertly obtained NIW approvals for Doctors, Writers, Pilots, Athletes, Scientists, Coaches, Journalists, Entrepreneurs, Economists, Attorneys and more.

Benefits of an NIW

There are many benefits to obtaining an NIW. Once granted, as long as its holder is shown to be of good moral character (with a clear criminal record, not posing a threat to national security), an NIW can easily lead to a Green Card. The waiving of the job offer requirement allows applicants to get around the often long and complicated process of a Labor Certification (PERM), there are no nationality restrictions for applicants, and a diverse range of professions are eligible. Finally, following an important United States Citizenship and Immigration Services (USCIS) precedent case ruling in 2016 (the Matter of Dhanasar), the qualifying standards for assessing NIW eligibility have become broader, making NIWs an increasingly popular immigration option.

However, hiring an immigration attorney who has specific experience in these kinds of applications, is able to think creatively in order to demonstrate your eligibility to USCIS, and who has an in-depth understanding of the updated Dhanasar standards is nothing short of essential when it comes to applying for an NIW. All too often, clients are lulled into a false sense of security by attorneys who claim that NIW applications are simple and straightforward, and that success is guaranteed if you simply meet the above-mentioned Advanced Degree or Exceptional Ability criteria. This is not the case.

Requirements

In order to qualify for an NIW, an applicant must demonstrate all three of the following criteria to prove that their proposed project is truly in the United States’ National Interest and would benefit the economic, welfare, cultural, environmental or educational interests of the country.

1.       The foreign national’s proposed endeavor has both substantial merit and national importance.

2.       The foreign national is well-positioned to advance the proposed endeavor; and

3.       On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category.

To explain a little bit better how these criteria really work in practice, let us take you through them one by one.

1.       The foreign national’s proposed endeavor has both substantial merit and national importance.

The aim of this criteria is for an applicant to demonstrate that there is something that the United States is significantly lacking in your professional field; perhaps there is a shortage of specialized professionals in one certain area, or a growing demand for a specific type of service. Essentially, a gap in the market or demand must be identified, to thus demonstrate that you can meet this demand, based on your professional ability and qualifications.

Detailed research by your attorney is required in order to meet this criterion. Here at Azadi Law, we will look at reputable publications and industry-specific data (statistics) that demonstrate the need for your services, or professionals of your caliber in the United States at this time. Our team will also consider whether there are any current government incentive programs related to your industry, or whether any relevant executive orders have been recently passed which could help your case. Furthermore, we will collect letters from experts in the field, who will attest to the merit and importance of your proposed area of work in the United States.

2.       The foreign national is well-positioned to advance the proposed endeavor

This criterion is all about demonstrating that an applicant is fully set up and ready to go, for whenever his or her NIW application may be approved. Evidence that helps us prove this to USCIS includes proof of the credentials and qualifications that make you a suitable candidate to carry out your proposed endeavor, as well as letters of interest from reputable professionals in your field expressing their wish to work with you once you have arrived in the United States.

If you plan to start your own business, we will include a detailed Business Plan in your application, along with letters of intent from U.S. professionals expressing their desire to invest in your business. Integrating our business law services, we will also help you to formally set up your U.S. company, to henceforth provide evidence to USCIS of your company’s formal registration in a given State. It is also important to provide proof of sufficient funds in the form of U.S. bank statements, to get your proposed endeavor up and running.

3.       On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category.

Ways that we can demonstrate this criterion is by proving to USCIS that either the applicant has set up their own business in the U.S., or that they will be operating as an independent contractor within the U.S., meaning it does not make sense for them to obtain a Labor Certification for one specific full-time role in one specific company that would inhibit their ability to carry out their proposed endeavor.

We will also provide evidence attesting to the urgency of the applicant’s proposed endeavor, demonstrating that the important national interest contribution they intend to make should begin as soon as possible.

Azadi Law P.A. has years of experience skillfully and successfully obtaining NIW (EB-2 C) applications for our valued clients. If you have any questions about the NIW application process, please don’t hesitate to get in touch with us on (305) 930 0435 or email us at info@azadilaw.com ; our team would be happy to help you.