Ollachi Holman (@enzegram), a United States (US)-based attorney has said that Nigerians with special skills or talents of national interest may be considered for entry into the US, regardless of the recent ban.
According to the US Citizenship and Immigration Service policy manual, this is called a National Interest Waiver (NIW), where an applicant must meet two separate tests which allows them to bypass the standard job offer and labour certification process.
Holman used athletes as an example, noting that persons of exceptional sporting talent, capable of playing American football, could qualify by referencing international figures to illustrate the standard of recognition expected.
She said, “You might want to look up Colin Kaepernick, civil rights activist and former professional football quarterback., and understand why they keep bringing black people into America. Basically, if you’re built to play American football, they’ll take you.”
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However, she warned that not all claims of talent or achievement would suffice, citing the example of YouTube movie creators. “Those YouTube movies you’re making may not be special enough talent for them to bring you in”, she advised.
Holman explained that while some Nigerian artists and performers may not face challenges, others would need to demonstrate significant international impact to qualify.
“You’re going to have to prove international acclaim,” she said, emphasising that online content or YouTube projects alone would not meet the threshold. Only individuals with recognisable, exceptional contributions to their field, such as globally acclaimed musicians or actors, would likely be considered.
“To thine own self be true. Know yourself and know what you’re bringing to the table,” she advised, urging applicants to be realistic about their prospects rather than relying on assumptions or popularity at home.
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What the policy manual states
The policy manual explicitly states:
“To establish eligibility for the national interest waiver, the petitioner has the burden of demonstrating that:
“The person qualifies as either a member of the professions holding an advanced degree or as a person of exceptional ability and the waiver of the job offer requirement, and thus, the labor certification requirement, is in the “national interest”…. Regardless of whether the person is an advanced degree professional or demonstrates exceptional ability, the petitioner seeking a waiver of the job offer must not only demonstrate eligibility for the classification, but also demonstrate that the waiver itself is in the national interest”.
“…show that the person’s presence in the United States would substantially benefit the national economy, cultural or educational interests…. if the petitioner is seeking a waiver of the job offer, the petitioner must also demonstrate the additional requirement of national interest.The burden rests with the petitioner to establish that the waiver of the job offer requirement is in the national interest. USCIS considers every petition on a case-by-case basis”.
“USCIS may grant a national interest waiver as a matter of discretion if the petitioner demonstrates eligibility by a preponderance of the evidence, based on the following three prongs:
“The alien’s proposed endeavor has both substantial merit and national importance….On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements”.
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What this means
In simple terms, it says firstly, an applicant must qualify for the EB-2 visa category. This simply means they must be highly skilled, either because they have an advanced degree (like a master’s or PhD) or because they have exceptional talent.
Secondly, they must prove why the US should make an exception for them. Normally, an EB-2 applicant needs a job offer and labour certification. For an NIW, the applicant must show that waiving these requirements is good for the US as a country for example, because their work will significantly benefit the economy, healthcare, education, technology, or another important national area.
However, being highly educated or talented is not enough on its own. Even if someone clearly qualifies for EB-2, they must still explain why the US gains more by letting them self-petition without a job offer. If they cannot show this broader national benefit, the NIW will not be approved.
In other words, the application is decided on a case-by-case basis.
Advice for U.S nationals
Conversely, Holman noted, American passport holders could face limitations when travelling to Nigeria, if the country were to retaliate in response to US restrictions.
She advised Americans and dual nationals planning to travel to Nigeria to take precautions. She recommends obtaining a confirmed visa and ensuring it is properly documented before travelling. “If you’re going to Nigeria on a US passport, get a visa and make sure it’s confirmed in your mailbox or in your passport booklet before you set foot in the country,” they said, stressing the importance of preparation amid evolving diplomatic circumstances.
