US authorities have liberalized the tests that applicants need to take to be given a National Interest Waiver for EB-2 green cards. People who have an exceptional ability or an advanced degree come under the category of EB-2. Qualified individuals, including entrepreneurs, will now have a better chance of getting the waiver, making it faster to get a green card.
The decision to liberalize the tests was part of a landmark decision made by the US Citizenship and Immigration Services’ Administrative Appeals Office recently. Under normal circumstances, prerequisites to be able to file a green card application include an approved labor certificate and an offer of permanent employment, with a National Interest Waiver allowing those who fall into the EB-2 category to skip the process of labor certification, which can be cumbersome.
The certification process is a protectionist measure, used to work out whether available American workers could take the job. But, on 27 December, the Administrative Appeals Office made the decision to redefine the current tests required to be granted a National Interest Waiver. These were often viewed as being subjective and resulted in different outcomes for similar applicants.
According to the new order, a waiver can now be granted by USCIS as long as the applicant is able to show that their proposed endeavor within the US has substantial merit, carries national importance and that they are able to achieve it.