The Employment-Based Second Preference (EB-2) visa with a National Interest Waiver (NIW) is designed for individuals who possess an advanced degree or exceptional ability and whose proposed endeavor benefits the United States. The NIW allows applicants to bypass the standard labor certification process and self-petition for a green card without requiring a specific job offer.
Eligibility Criteria:
To qualify for the EB-2 NIW, applicants must meet the following criteria:
1. Advanced Degree or Exceptional Ability:
o Advanced Degree: Possess a U.S. master’s degree or higher (or its foreign equivalent), or a bachelor’s degree followed by at least five years of progressive experience in the field.
o Exceptional Ability: Demonstrate exceptional ability in the sciences, arts, or business, evidenced by a degree of expertise significantly above that ordinarily encountered.
2. National Interest Waiver Requirements: USCIS evaluates NIW petitions based on three factors:
o Substantial Merit and National Importance: The proposed endeavor must have significant potential benefits and national importance.
o Well-Positioned to Advance the Endeavor: The applicant must be well-positioned to advance the proposed endeavor.
o Benefit to the U.S. by Waiving Job Offer Requirement: It must be beneficial to the U.S. to waive the job offer and labor certification requirements.
Application Process:
1. Form I-140 Petition:
o Prepare and file Form I-140, Immigrant Petition for Alien Worker, including evidence supporting eligibility and the national interest criteria.
2. Adjustment of Status or Consular Processing:
o If in the U.S., file Form I-485 for Adjustment of Status.
o If abroad, proceed with consular processing for an immigrant visa.
Processing Times:
· Form I-140 Processing:
o Standard processing times range from 6 to 15 months, depending on the service center and case complexity.
o Premium Processing is available for EB-2 NIW petitions, offering a decision within 45 days for an additional fee.
· Adjustment of Status or Consular Processing:
o This stage typically takes 9 to 24 months, with potential delays due to visa availability and other factors.
Dos and Don'ts:
Dos:
· Thoroughly Document Qualifications: Provide comprehensive evidence of your advanced degree or exceptional ability, including diplomas, transcripts, and letters of recommendation.
· Clearly Define the Proposed Endeavor: Articulate how your work has substantial merit and national importance, detailing its potential impact on the U.S.
· Demonstrate Readiness: Show that you are well-positioned to advance your proposed endeavor through prior achievements, publications, or relevant experience.
· Seek Professional Guidance: Consult with immigration professionals to ensure all documentation is accurate and persuasive.
Don’ts:
· Submit Incomplete Documentation: Avoid providing insufficient evidence of qualifications or the national importance of your work.
· Overlook Specifics: Ensure all forms are correctly filled out, and all required supporting documents are included.
· Ignore Updates: Stay informed about changes in immigration policies and procedures that may affect your application.
For a detailed discussion on crafting a strong EB-2 NIW application, consider watching the following video:
videoEB2 NIW Business Plan: Dos and Don’ts for a Strong Application turn search
Navigating the EB-2 NIW process requires careful preparation and attention to detail. By adhering to these guidelines and staying informed, you can enhance the likelihood of a successful application.
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Frequently Asked Questions (FAQs) about the EB-2 Visa with National Interest Waiver (NIW)
The EB-2 Visa with NIW is an employment-based visa category for individuals with an advanced degree or exceptional ability in their field. The National Interest Waiver allows applicants to bypass the standard labor certification process and self-petition for a green card without the need for a specific job offer, provided their work benefits the United States.
To qualify for the EB-2 NIW, applicants must meet two main requirements:
- Advanced Degree or Exceptional Ability: You must have a U.S. master's degree or higher (or its foreign equivalent) or a bachelor’s degree plus at least five years of progressive experience. Alternatively, you can demonstrate exceptional ability in sciences, arts, or business.
- National Interest Waiver Requirements: Your proposed endeavor must have substantial merit and national importance, and you must be well-positioned to advance the endeavor. Additionally, waiving the job offer and labor certification process must benefit the U.S.
The process includes:
- Form I-140 Petition: You need to file Form I-140, Immigrant Petition for Alien Worker, providing evidence of your qualifications and how your work serves the national interest.
- Adjustment of Status or Consular Processing: If you are in the U.S., you will file Form I-485 to adjust your status to permanent residency. If abroad, you will complete consular
- Form I-140 Processing: Standard processing takes between 6 to 15 months, depending on the service center. Premium Processing is available for faster processing within 45 days for an additional fee.
- Adjustment of Status or Consular Processing: This stage can take anywhere from 9 to 24 months, with potential delays based on visa availability and other factors.
Dos:
- Provide thorough documentation of your qualifications, including degrees, transcripts, and letters of recommendation.
- Clearly define your proposed endeavor and its potential benefits to the U.S.
- Show that you are well-positioned to advance your proposed work, through prior achievements or relevant experience.
- Seek professional guidance to ensure your application is complete and persuasive.
Don’ts:
- Avoid submitting incomplete or insufficient documentation.
- Do not overlook specific details when completing forms or providing supporting documents.
- Stay updated on changes in immigration policies and procedures that may impact your application.