Expert Opinion: The Impact of the EB-2 National Interest Waiver Green Card in the U.S. Economy.

LEONARDO FREITAS

Founder, Chairman, and CEO Hayman-Woodward.

LEONARDO FREITAS - Founder, Chairman, and CEO Hayman-Woodward.

THE IMPACT OF THE EB-2 NATIONAL INTEREST WAIVER GREEN CARD IN THE U.S. ECONOMY

Expert Opinion: LEONARDO FREITAS, Founder, Chairman, and CEO Hayman-Woodward.

In 2016, the United States Citizenship and Immigration Services (USCIS) issued a policy memorandum based on the result of a case known as "Matter of Dhanasar," which provided guidance on how the EB-2 National Interest Waiver (NIW) category could be used to benefit immigrants who did not have a formal academic degree.

The EB-2 National Interest Waiver (NIW) visa is a powerful tool for foreign professionals seeking to work and live in the United States. This visa allows individuals with advanced degrees or exceptional ability to bypass the traditional labor certification process and apply for a green card on their own.

Before the "Matter of Dhanasar," the EB-2 NIW was only available to individuals who held an advanced degree or who demonstrated exceptional ability in their field However, the new guidance made it possible for professionals, entrepreneurs, artists, athletes, and even persons of specialized skills and knowledge who did not have a formal academic degree to be eligible for the EB-2 NIW

This change opened up the immigration system to a wider range of individuals who could contribute their skills and expertise to the United States. In a post-pandemic era, these professionals, entrepreneurs, artists, athletes, and others with specialized skills and knowledge can play a critical role in the sustainability and growth of the US economy.

For example, entrepreneurs and innovators with specialized skills and knowledge can start new companies and create jobs, while professionals and artists can bring new perspectives and ideas to their respective industries Athletes can bring attention and economic activity to their respective sports and entertainment industry.

All of these individuals have the potential to make significant contributions to the economy and the overall well-being of the United States.

The shift in the adjudication policy of the USCIS based on the "Matter of Dhanasar" has had a significant impact on the immigration system and has allowed a wider range of individuals to contribute their skills and expertise to the United States, helping to drive economic growth and sustainability in a post-pandemic era.

One of the major advantages of the EB-2 NIW is that it allows highly skilled professionals to contribute their expertise and drive innovation in various industries. It also allows these highly skilled professionals to assist industry leaders and decision-makers, leading to the creation of new jobs and an overall boost to the economy. For example, foreign scientists and engineers who are granted the EB-2 NIW can work on cutting-edge research and development projects, helping to drive technological progress and economic growth.

In the healthcare industry, the EB-2 NIW allows foreign doctors and other medical professionals to practice in the United States, providing muchneeded medical care to underserved communities and addressing shortages of healthcare providers in certain areas.

This can lead to the creation of new jobs and an overall boost to the economy. For example, foreign scientists and engineers who are granted the EB-2 NIW can work on cutting-edge research and development projects, helping to drive technological progress and economic growth

In the healthcare industry, the EB-2 NIW allows foreign doctors and other medical professionals to practice in the United States, providing muchneeded medical care to underserved communities.

This can help to address shortages of healthcare providers in certain areas of the country and improve access to care for patients.

The EB-2 NIW can also have a positive impact on the logistics industry, as it allows foreign professionals with expertise in this field to work in the United States

This can help to improve the efficiency and effectiveness of the logistics industry, which plays a vital role in the functioning of the economy.

One of the industries that has been positively impacted by the EB-2 NIW is the airline industry, specifically in regards to the pilot shortage currently affecting the United States.

The demand for pilots in the United States has been increasing in recent years due to a combination of factors, including an aging pilot population and the growth of the airline industry. However, there is a shortage of qualified pilots available to meet this demand, leading to a pilot shortage that has the potential to negatively impact the economy.

One solution to this pilot shortage is to allow more foreign pilots to obtain the EB-2 NIW and work in the United States. This would provide a source of qualified pilots to help meet the demand and ensure that the airline industry can continue to operate smoothly. In addition, the presence of foreign pilots can bring a diverse range of skills and experiences to the industry, potentially leading to further innovation and growth.

In the education sector, the EB-2 NIW allows foreign educators and researchers to work in the United States This can bring new perspectives and ideas to American classrooms and research institutions, enriching the educational experience for students and faculty

According to a report by the National Foundation for American Policy, immigrants who have received the EB-2 NIW have started or been a key member of a team that started 256 companies in the United States These companies have created an estimated 45,933 jobs and generated over $11.2 billion in sales.

A study by the American Enterprise Institute and the Partnership for a New American Economy found that immigrants who received the EB-2 NIW were awarded patents at a rate nearly two and a half times higher than the rate for native-born Americans. These patents are often the basis for new companies and industries, leading to further economic growth.

In addition to the direct economic contributions made by EB-2 NIW holders, their presence in the workforce can also lead to indirect economic benefits For example, the presence of highly skilled foreign professionals can lead to the creation of more jobs for native-born workers, as these professionals often work in industries that require support staff and other employees.

According to data from the United States Citizenship and Immigration Services (USCIS), the top 10 nationalities of individuals who have been approved for the EB-2 National Interest Waiver (NIW) are:

India

China

Brazil

Mexico

Philippines

South Korea

Taiwan

Canada

Bangladesh

Vietnam

It is worth noting that only 39.2% of these applicants hold an advanced degree, and that the majority of these approvals were granted based on the exceptional ability or a degree of expertise significantly above the average encountered in arts science or business.

While the EB-2 National Interest Waiver (NIW) is typically available to individuals with an advanced degree or who demonstrate exceptional ability in their field, the current specific requirements for the EB-2 NIW are somewhat flexible and may vary depending on the individual's circumstances.

According to the United States Citizenship and Immigration Services (USCIS), an individual may be eligible for the EB-2 NIW if they can demonstrate that their work in the United States is in the national interest and they meet one of the following criteria:

1. Hold an advanced degree (e.g., a Master's degree or higher)

2. Demonstrate exceptional ability in their field (e.g. through awards, publications, or membership in professional organizations)

3. Meet the criteria for the "exceptional ability" category, but also demonstrate that a waiver of the labor certification requirement would be in the national interest

Therefore, it is possible that some individuals who do not have an advanced degree or demonstrate exceptional ability may still be eligible for the EB-2 NIW if they can show that their work in the United States is in the national interest and that a waiver of the labor certification requirement would be beneficial.

The labor certification process, which is required for many employment-based visas, can be costly, time-consuming, and complex, and it involves obtaining approval from the Department of Labor (DOL) to hire a foreign worker.

The EB-2 NIW offers a potential alternative to the labor certification process for certain highly skilled foreign professionals. By allowing these individuals to apply for a green card without the need for a labor certification, the EB-2 NIW can provide a more efficient and streamlined path for these professionals to work and live in the United States.

For employers, the EB-2 NIW can also be a useful tool for recruiting and retaining highly skilled foreign professionals. By allowing these individuals to apply for a green card on their own, employers can avoid the need to go through the labor certification process, which can be costly and time-consuming.

It is a useful solution for highly skilled foreign professionals who want to work and live in the United States and for employers who want to hire and retain these individuals. The EB-2 NIW offers a more efficient and streamlined alternative to the labor certification process and can help to ensure that highly skilled foreign professionals are able to contribute their expertise and drive innovation in various industries in the United States.

Overall, the EB-2 NIW visa category has the potential to further positively impact the United States on various sectors of the economy, as more highly skilled foreign professionals seek to use this visa to contribute their skills and expertise to various industries in the country.

It is likely that these positive impacts will continue to be felt in the next 50 years.

Leonardo Freitas is the Founder, Chairman, and CEO of Hayman-Woodward; Mr Leonardo Freitas explains recent immigration trends and why 2022 may be the year for qualified professionals to relocate to the United States. Leonardo Freitas is our columnist on entrepreneurship, high-skilled workforce, global mobility, and related immigration issues.