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RESIDENCY FOR NATIONAL INTEREST

EB-2 NIW: the green card you earn with your project, not with a sponsor

No job offer, no employer, no work certification. If your experience supports a project that benefits the United States, you can apply for residency on your own—from your country or within the U.S.

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THE ESSENTIALS

What is the EB-2 NIW and why is it different?

The National Interest Waiver is a permanent residency category for professionals with advanced degrees or exceptional ability. What makes it unique is that the United States waives the requirement to have an employer and work certification when your professional project is of national interest.

That's why the heart of a NIW is not your resume: it's your project — what you propose to do in the United States and the impact that generates beyond you and your clients.

🔬 Engineers and STEM profiles — energy, software, AI, manufacturing, health.
🏥 Healthcare professionals and researchers with a track record and a clear project.
📊 Entrepreneurs and consultants — with a measurable impact business plan.
🎓 Teachers and specialists — it's not just for scientists: it's for projects that contribute.

STEP 0 · THE THRESHOLD

First you must qualify as EB-2: two entry doors

Before reviewing your application, USCIS verifies that you qualify for the EB-2 category. Simply enter through one of these two doors.

DOOR 1
Advanced level
✅ Master's or PhD (from the US or foreign equivalent), or
✅ Bachelor's degree + 5 years of progressive experience in your specialty
✅ The experience must be after obtaining the degree and related to your project
DOOR 2
Exceptional skill
✅ Meet at least 3 of 6 criteria (degrees, experience, license, salary, memberships, awards)
✅ A level of mastery clearly superior to the average in your field
✅ The skill must be related to the project you are proposing.
The most common misconception: believing that a master's degree is the sole requirement. The degree opens the door to the category—but the case is won or lost with your project, in the three exams below. That's why some master's degrees are denied and some bachelor's degrees are accepted.
requisitos
3 EXAM

THE HEART OF THE CASE

The 3 exams in your NIW case

Since Matter of Dhanasar (2016), every NIW is decided by three questions. Failing even one defeats the petition—that's why we build your case test by test.

1

Your project has substantial merit and national importance.
What you propose to do is worthwhile and its impact goes beyond your clients or your city: it reaches the sector, the region or the country.
 
The officer's question: "Why does this matter to the United States?"

2

You are well positioned to achieve it
 
Your education, track record, progress, and allies demonstrate that you — specifically you — can execute that project.
 
The officer's question: "Why this person and not anyone else?"

3

It is advisable to be exempt from the employment requirement
The country benefits more from letting you work on your project now, than from making you wait for sponsorship and job certification for more than a year.
The officer's question: "Why not follow the normal procedure?"
📌 The backbone: your project statement (Endeavor)

A strong NIW (New Industry) is built on a clear, precise, specific, and scalable project—not on phrases like “contributing my experience to technology.” Our core work is to transform your career path into that project statement: what you will do, where, with what methods, and how its impact multiplies beyond your direct work.

It's the anchor document of the petition and the one USCIS reads first. Changing it mid-process damages the credibility of the case: it's drafted correctly from the start.

WHY CAN THEY DENY A CASE?

The 4 most common reasons for denial — and how to avoid them

“My field is important, therefore my case is important too.”
The fact that artificial intelligence or healthcare are important doesn't make every project in that field important. USCIS evaluates YOUR project, not your industry.
How we avoid it: We document the prospective impact of your project with federal reports and letters from independent experts.
Impressive resume, disconnected project
Brilliant credentials in one field don't guarantee success in another. Every achievement must be explicitly connected to what you propose to do.
How we avoid it: We map every credential, publication, and achievement directly to your project — nothing is left “loose”.
The impact stays with your customers
 
Benefiting your employer or your client base—however large—is not of national importance. The impact must extend beyond them.
 
How we avoid it: we build evidence of scalability: adoption, replication, jobs, sectoral effects.
 
Aspirations instead of a plan
“I want to contribute to the development of…” is not a plan. USCIS expects a work model, milestones, progress already achieved, and third-party interest.
How we avoid it: We put together your plan with verifiable milestones and letters of interest from relevant stakeholders before presenting.
Do you want to know if your profile qualifies?
NEGADOS
dos examenes
PROCESO

OUR METHODOLOGY

Your NIW case, step by step

1
WEEK 1
Honest profile assessment
We analyze your CV against the EB-2 threshold and the three exams. We don't take cases we don't believe in.
2
THE ANCHOR
Design your project statement
We turn your journey into a clear, precise, specific and scalable project — the document that defines the entire case.
3
EVIDENCE
Letters from independent experts
We identify and prepare letters from experts who are not just your colleagues or your employer — the ones that USCIS takes seriously.
4
EXTERNAL VOICES
5-year business plan
Realistic projections, hiring and operating plan that demonstrate an active and not marginal company — the B exam.
5
PRESENTATION
Petition I-140 with legal memorandum
File organized exam by exam, as read by the officer. Premium processing option to expedite the decision.
6
DECISION
Follow-up until residence
We respond to any RFE with reinforced evidence and accompany you through the consular process or adjustment of status for your family.
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formulario

Do you want to know your real odds?

Send us your CV and we'll tell you, with legal expertise and no obligation, if your profile supports a NIW case — and what it's missing if it doesn't yet.

"We don't take cases we don't believe in."

Free profile assessment

This is so we can assess your profile and your chances of approval before the appointment. It's essential that you include all the information about your educational background and work experience, achievements, recognitions, awards, and any other relevant details.

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FAQ

Frequently Asked Questions

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US Visa LATAM provides legal assistance to individuals seeking to manage their immigration process. US Visa LATAM is owned and operated by attorneys and employs licensed attorneys for legal consultations. This entity is owned or managed (in whole or in part) by an attorney licensed by the Texas State Bar and is subject to the bar's rules. US Visa LATAM is not affiliated with or endorsed by USCIS. We support our clients through our methodology and tools for managing their immigration process. Only legal consultations and form review should be considered legal advice.

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