LAW To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Because this classification Matter of D-0- requires that the individual’s services be sought by a U.S. employer, a separate showing is required to establish that a waiver of the job offer requirement is in the national interest.
Neither the EB-1A Extraordinary Ability nor the EB-2 National Interest Waiver petition requires an offer of employment or employer sponsorship, meaning individual entrepreneurs can self-sponsor and continue to work for themselves upon their admission to the United States. Although the EB-1C Multinational Manager/Executive petition does require an offer of employment, it can be from a business owned by the entrepreneur.
the EB-1A petition is eligible for premium processing service, meaning that the United States Citizenship and Immigration Services (USCIS) will issue a decision within 15 days from filing, allowing entrepreneurs to quickly know the results of their petition. Once a petition has been approved, the individual and dependent family members typically can immediately apply for permanent residence.