Introduction
The EB2-NIW (Employment-Based Second Preference – National Interest Waiver) Visa is a unique type of visa that gives individuals an option for immigration seeking permanent residency in the United States based on their exceptional abilities and advanced degrees.
One of the most distinct characteristics of this employment-based visa is that it does not require any job offer or labor certification for you to apply.
It is just your exceptional qualifications and degrees that are a mandate. Applicants for this type of Visa can self-petition by filing Form I-140 (Immigrant Petition for Alien Worker), portraying their evidence of qualification and national interest.
What are the Eligibility Requirements for EB2-NIW Visa?
To apply for an EB2-NIW visa, you are supposed to meet some specific criteria, broadly classified into Advanced Degree, Exceptional Ability, and National Interest Waiver Criteria.
1. Advanced Degree
If you are applying based on your advanced degree, then you must either have a master’s degree or higher in your field of expertise or a bachelor’s degree with an increased five years of work experience in your respective field. You are required to provide your diploma and transcripts as proof. Also, your degree should be from a recognized institution.
2. Exceptional Ability
When you are applying for an EB2-NIW visa based on your exceptional ability, you are required to demonstrate expertise of a high level in your field, for three out of the following are required to be met:
- A degree or a certification with academic records that shows that you have expertise in that field
- Proof that shows you have at least 10 years of experience in the field.
- A license or certification is required to practice in your profession or field of expertise.
- As evidence, you have to show that you have received a significant amount of salary or other sorts of compensation which is in reward for your exceptional ability in the field.
- You may provide evidence if you have any membership in any of the professional associations, which can only be acquired by outstanding achievements in the field.
- Recognition from peers, government entities, or professional organizations for your contributions to your field.
3. National Interest Waiver Criteria
You will have to demonstrate that the advanced degree and exceptional ability are for the National interest of the United States then only a National Interest Waiver (NIW), could be obtained. You will need to meet the following three criteria:
- Substantial Merit and National Importance: Your work and expertise should benefit areas like economic growth, public health, education, or technology in the U.S. for national welfare.
- Well-Positioned to Advance the Endeavor: You are required to show how your expertise in the past will help you to continue and develop in the national interest of the United States.
- Waiver of Job Offer and Labor Certification: You must demonstrate that it is in the best interest of the U.S. to waive the requirement of a job offer and labor certification, often by showing that your work is unique and valuable to the nation.
What is the Application Process for EB2 – NIW Visa?
The process of applying for an EB2-NIW Visa involves several steps:
1. Filing Form I-140
The first step in the application process is filing Form I-140, Immigrant Petition for Alien Worker, where you self-petition yourself. This is the form where you present your above qualifications and argue why you should be granted a National Interest Waiver. You are required to include detailed evidence to support your claims, including academic records, letters of recommendation, and proof of achievements, this benefits you as you can skip the mandate of Labor Certification, which is required under Form I-140.
2. Submit document
You’ll need to provide strong evidence to support your application. This could include:
- Letters of recommendation.
- A professional plan outlining your work and its benefits to the U.S.
- Published research, awards, and diplomas.
- Proof of membership in professional organizations.
- Any other documents that show your qualifications and the importance of your work.
3. Adjudication by USCIS
A fair application has been submitted with the form along with the evidence of your exceptional work. USCIS will review it to decide if your work is in the national interest of the United States. They will assess whether granting you the waiver benefits the country or not.
4. Apply for Adjustment of Status or Visa Processing
After your I-140 is approved, check the U.S. Department of State’s Visa Bulletin to see if a Green Card is available in your category.
- If You’re in the U.S.: If your category is current, you can apply to adjust your status to permanent residency by filing Form I-485.
- If You’re Outside the U.S.: If you’re not in the U.S., you’ll go through visa processing at a U.S. consulate in your country.
In case you are already in the United States, you can file Form I-485, Application to Register Permanent Residence after your I-140 petition is approved. This form allows you to apply for permanent residency (a Green Card) without leaving the country. You must submit additional documentation, such as a medical examination and biometrics.
What is the Required Documentation for an EB2-NIW Visa?
Right documents are the easier way for a hassle-free way of application, as they help you in your verification as well as provide you with authentic identity without delay, therefore here is a list of documents that are required for an EB2-NIW visa for early processing:
Academic Records
You are required to provide official transcripts, diplomas, and certificates from the institutions where you completed your education. Make sure that these documents are in English if not then you’re supposed to get a certified copy of them in English.
Letters of Recommendation
Letters of recommendation in today’s world are very important to assure that you are an exceptional student or a performer; likewise in this type of visa, it is crucial to validate your qualifications and contributions to your field via your profession. Ideally, you should obtain letters from experts who can speak to the significance of your work and its impact on the United States.
Evidence of Achievements
This may include:
- Peer-reviewed articles, journals, or conference papers that showcase your work.
- Awards or honors received for your contributions to your profession.
- Membership in professional associations that require significant achievements for entry.
- Patents or licenses for any inventions or innovations.
What is the cost for EB2-NIW?
The filing fees for the EB-2 NIW are as follows:
- I-140 Immigrant Petition for Alien Worker: $715
- I-485, Application to Register Permanent Residence or Adjust Status: $1,440
- Biometric fee: $85 (if applicable)
- DS-260 filing fee: $325
- Asylum Program Fee: $300
- Premium processing fee (optional): $2,805
How long does it take to get approved for an EB-2 NIW petition?
Processing time for EB2-NIW takes around 1 year from start to finish, with the premium processing fee, which takes around 45 days. The processing time for an EB2-NIW Visa can vary widely depending on several factors. For I-140 processing, it takes 3 months to 2 years, or if it is I-485, it could go up to a year.
What are the Benefits of the EB-2 NIW Visa?
The EB-2 NIW visa offers several advantages:
- You’re not required to present employer sponsorship to sponsor your visa which gives more flexibility to your petition.
- For this type of petition, you can also skip the labor certification process as mentioned earlier.
- The EB-2 category often enjoys faster processing times compared to other visa categories.
- You can also opt to use premium processing to expedite your I-140 petition review.
- Once your I-140 petition is approved, your spouse and unmarried children under 21 can adjust their status to permanent residency if they are in the U.S. or apply for entry into the U.S.
What should you do to increase your chances of getting an EB-2 NIW visa?
When applying for an EB-2 NIW visa, the applicant must keep the following things in mind.
- Ensure that all evidence provided is comprehensive and well-organized.
- Obtain detailed and persuasive letters from experts in your field who can attest to your achievements and the significance of your work.
- Provide a clear and detailed plan outlining your proposed work and its impact on the U.S.
- Include evidence of how your work benefits the U.S. in areas such as the economy, scientific advancement, or national security.
- If you receive a Request for Evidence (RFE), then prepare a thorough and effective response.
- Pay attention to filing deadlines and ensure that all forms and documentation are submitted promptly. Delays can impact your application and overall processing time.
- Keep up-to-date with changes in immigration laws and procedures that may affect your application. Regularly check the Visa Bulletin and USCIS updates to stay informed about any relevant changes.
Frequently Asked Questions
How many letters of recommendation do you need for EB-2 NIW?
When applying for an EB-2 NIW (National Interest Waiver) visa, you need to include two letters of recommendation: one from the “inner circle” and the other from the “outer circle”
Inner Circle Letter: This letter should come from someone you have worked closely with, like a colleague or supervisor. They know your work well and can discuss your contributions and skills from personal experience.
Outer Circle Letter: This letter should be from a well-respected expert or leader in your field who may not know you personally but can speak highly of your work and its impact. This person should be recognized for their expertise and can provide an objective view of your achievements.
How do you obtain a Green Card with an EB2-NIW petition?
If you’re inside the United States, then you’re supposed to fill out form I-485 for the adjustment status, whereas if you’re outside the United States, then you’re supposed to go through the consular processing where you are to attend an interview in the U.S. embassy.
How long is EB2 NIW valid?
The EB2-NIW is a green card for permanent residency that is valid for 10 years and can be renewed after 5 years.
What is the difference between EB-2 and EB-2 NIW?
EB-2 requires a job offer and labor certification and is suitable for individuals with advanced degrees or exceptional ability, whereas EB-2 NIW does not require a job offer or labor certification but is similar to EB2 and is suitable for individuals who can demonstrate their work is in the national interest of the U.S. along with advanced degrees or exceptional ability.
Is EB2 NIW faster than EB2?
EB2-NIW is faster than EB2 because it skips the need for Labor certification.
Conclusion
The EB2-NIW Visa offers a unique opportunity for individuals with exceptional abilities or advanced degrees to obtain permanent residency in the United States without the need for a job offer or labor certification. Every year there is an increasing rate of EB2 -NIW petitions as data suggests more than 80% of the applications get accepted every year. EB2-NIW is an easier gateway with your professional abilities being displayed.
