The EB-2 and EB-2 NIW (National Interest Waiver) visas are both categories within the U.S. employment-based, second preference visa program, but they have distinct differences mainly in terms of the requirements for sponsorship and the basis for granting the visa.
EB-2 Visa
The EB-2 visa category is generally for foreign nationals who either have an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree plus at least five years of progressive experience in their profession (classified as "exceptional ability" in their field of science, arts, or business). The key requirements for the EB-2 visa are:
Job Offer: The applicant must have a job offer from a U.S. employer.
Labor Certification: The employer must obtain a PERM Labor Certification from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
EB-2 NIW (National Interest Waiver)
The EB-2 NIW category also falls under the broader EB-2 classification but comes with the advantage of a waiver of the job offer and labor certification requirements if it can be demonstrated that the applicant's work is in the national interest of the United States. The key aspects of the EB-2 NIW are:
No Job Offer Required: Applicants can self-petition; they do not need an employer to sponsor them.
Waiver of Labor Certification: Applicants do not need to go through the PERM Labor Certification process.
National Interest: The applicant must demonstrate that their proposed endeavor has both substantial merit and national importance, that they are well-positioned to advance this endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Key Differences
Sponsorship: EB-2 requires an employer and a job offer, while EB-2 NIW allows self-petitioning without a specific job offer.
Labor Certification: EB-2 requires a labor certification, whereas EB-2 NIW does not, provided the waiver criteria are met.
Both visa types aim to benefit the U.S. by attracting high-skilled workers, but the EB-2 NIW provides more flexibility for individuals who can prove that
