Tag: EB-2 Visa

Unlocking the NIW Path: How Artists in Unique Fields Can Qualify

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By: Shela Ward & Hannah Welbourn It may come as a surprise that the EB-2 NIW visa applies to more than professionals in technical roles; it can also apply to professionals in the arts. As long as their work benefits the U.S. national interest, and they have met the requirements for the three-prong test, artists of multiple mediums can make a compelling case for an NIW by providing solid evidence of their past contributions and outlining their future plans. Park is prepared for these unique cases in which an artist could qualify for an NIW by demonstrating how their work will benefit the U.S. on a broader level, particularly in the fields of cultural enrichment or educational advancement. For example, we recently ...

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

  By Maddie Carlson  What is a National Interest Waiver and how can you get one? As one might expect from the name alone, having an offer of employment is typically required for individuals seeking an EB-2 employment-based, second preference visa. But in certain cases, a candidate may want to waive the employment requirement and labor certification portion of the EB-2 petition process. This commonly occurs when an applicant displays expertise in their industry and is seeking work that would benefit the United States. In these cases, the candidate may qualify for a National Interest Waiver (NIW) that would remove the need for a pre-established employment offer. However, pursuing a National Interest Waiver does add to the petitioner’s burden of proof. In addition ...

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