Are you a highly skilled professional seeking to work and live permanently in the United States? The EB-2 Visa could be ideal for you.
The EB-2 visa allows foreign nationals with exceptional abilities and advanced degrees to work in the US. The EB-2 requires the foreign national to have employer sponsorship or permanent labor certification, which may put a halt on the immigration process.
Luckily, those that fall under the Eb-2 category can apply for the National Interest Waiver (NIW). This waiver allows foreign nationals with exceptional abilities to self-petition, providing evidence that their qualifications and abilities will be of US national interest, significantly contribute to the country’s well-being.
In this ultimate guide to the EB-2 NIW program, you will learn about:
To understand the EB-2 NIW, one needs to understand the EB-2 visa first. The EB-2 visa is a type of employment-based immigrant visa designed for foreign nationals who possess advanced degrees or an exceptional ability in their field (often with widespread acclaim and international recognition), and who seek to work permanently in the U.S.
However, under the EB-2, foreign nationals need employer sponsorship or permanent labor certification.
To obtain permanent labor certification, an employer must:
Applying for the EB-2 takes time because of the policies and procedures in place for employers. Some foreign professionals want the option of self-petition, meaning they do not need to wait for a job offer. That is where the EB-2 National Interest Waiver comes in.
The National Interest Waiver is a provision under the EB-2 visa category granted to professionals whose work is considered of national interest to the US. The EB-2 NIW allows foreigners to apply for the Green Card process and obtain permanent residency in the United States without needing employer sponsorship or permanent labor certification. The waiver eliminates certain time-consuming steps and streamlines the process for highly skilled individuals.
To be eligible for the EB-2 NIW, you must demonstrate that your work is in the national interest of the United States. The process is reserved for individuals who fall under the exceptional ability category or have advanced degrees who can provide services of national importance.
The National Interest Waiver NIW requirements are stringent, as they enable a foreign national to immigrate to the United States without an offer of employment. They are as follows:
To qualify under the EB-2 NIW as an individual with an advanced degree, you must meet the official criteria defined by the US Citizenship and Immigration Services (USCIS). It means you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive experience working in that field).
You must present supporting documentation, such as an official academic record showing that you have a US advanced degree or an equivalent foreign degree, or that you have a US baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least five years of progressive post-bachelor’s degree working experience in the specialty.
The degree (and other qualifications in your official academic record) and/or employment experience must be relevant to the work you’ll be doing in the United States.
You must be able to demonstrate exceptional ability in the sciences, arts, or business, according to the USCIS official criteria, defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must present at least three of the following requirements:
The more evidence you can provide to demonstrate your expertise, the more convincing your National Interest Waiver NIW case will be. There are many ways to prove your EB-2 NIW case, and each requires gathering specific documentation as evidence. Our experts at Global Citizen Solutions will be able to guide you and provide the best strategy based on your personal experience. If you’re interested in receiving advice or guidance, please contact one of our specialists.
To determine that your work and your set of skills are of national interest to the US, you have to fulfill the three main criteria used by the USCIS and provide the required documentation as evidence.
In performing this analysis, USCIS may evaluate factors such as:
In each case, the factor(s) considered must, taken together, indicate that, on balance, it would be beneficial to the US to waive the requirements of a job offer and, therefore, of a labor certification.
The three main criteria are as follows:
Your proposed endeavor must have the potential to bring significant benefits to the United States. The endeavor’s substantial intrinsic merit can be shown in various fields like business, entrepreneurship, science, technology, culture, health, or education. For example, this could include an affordable housing project. An affordable housing project could qualify as an eligible endeavor if it provided benefits to an area with a high concentration of low-income residents or created housing for people with disabilities, proving national importance.
While it’s good to have proof that the project could have a significant economic impact, it’s not mandatory. The project’s worth can still be proven without direct or measurable substantial positive economic effects. To meet the substantial merit requirement, you must show that it will have broader effects that go beyond just one company or organization.
Your work should be in an area that holds national importance to the nation’s well-being and advancement. To decide if the project has national importance, USCIS looks at its potential future impact.
To meet this national importance requirement, you must demonstrate the “potential prospective impact” of your work. For instance, you can explain how your future work will influence your field or how the endeavor will have broader effects on the field or the US economy.
You must demonstrate that you’re well-positioned to carry out the proposed endeavor successfully. You need to provide evidence showing that the US would benefit more by waiving the job offer requirement for an EB-2 Visa.
“On balance” simply means that the benefits of waiving the job offer outweigh the benefits of not waiving it.
Here are some examples of proposed endeavors that could qualify:
These examples aren’t exhaustive, and each case is unique.
When preparing your EB-2 NIW petition, it’s essential to include all the necessary supporting documents. While the specific requirements may vary depending on your case, here is a general checklist of required documentation:
An EB-2 NIW interview is a crucial step in the Green Card application process. During the interview, the USCIS adjudicator will assess the applicant’s qualifications and determine whether their work benefits the US national interest.
The interview typically lasts 30-60 minutes and covers topics such as the applicant’s education, work experience, publications, and contributions to their field.
To prepare for the interview, thoroughly review your application materials and prepare concise and articulate responses. You’ll likely be asked about your background, expertise, accomplishments, and national interest contributions. Anticipate potential questions and consider how to highlight your achievements with specific examples.
The costs for an EB-2 NIW application involve the filing fees for all the forms necessary, plus other services, such as biometrics appointments and medical examinations, for yourself and family members.
Please note that other costs may include translation of documents, travel expenses to attend interviews or biometric appointments, legal assistance, and so on. Some of the significant costs involved are as follows:
Below, we’ll go over the processing times for an EB-2 NIW visa.
It’s important to consider that the time it takes to process an NIW green card depends on several factors, including whether there is high demand where you’re applying from and the assigned USCIS Service Center for your case.
Form I-140 can be processed in between ten months and two years.
Once the EB-2 NIW visa is approved, the applicant can start the green card application process. If applying from within the United States, they will need to submit Form I-485. Waiting times vary depending on the location, but it can take more than 2 years for USCIS to process the application.
If applying from abroad, it’ll take between 4 and 6 months.
You can pay an additional $2,805 to expedite your immigrant visa processing or Green Card processing to just 45 calendar days.
However, it doesn’t increase your chances of approval.
Please note that premium processing only applies to the Form I-140 petition, which means that it won’t affect the length of time needed for the adjustment of status or consular processing.
The USCIS hasn’t shared any stats or data about the approval rates of EB-2 NIW petitions, but we can get an idea of the approval rate by looking at the standard EB-2 approval rate.
USCIS data indicates that I-140 petitions in this specific category have an average approval rate of approximately 93 percent. Depending on the volume of petitions in any given year, this rate may vary within a range of 83 percent to 96 percent.
If your NIW petition is denied, you may have options for further action. You can consider appealing the decision or reapplying with a stronger case. It’s crucial to assess the reasons for the denial and consult an immigration attorney to discuss factors such as your immigration history and determine the best course of action in your situation. If your petition is denied, or you have concerns about the strength of your case, get in touch with our team of immigration specialists.
A primary benefit of the EB-2 NIW Green Card is that it bypasses the traditional labor certification process. Unlike other employment-based Green Card categories that require sponsorship from a US employer, the National Interest Waiver allows you to self-petition. This means you don’t need an offer of employment or labor certification, simplifying and expediting the application process.
Under the EB-2 NIW category, your spouse and unmarried children under the age of 21 may also be eligible for Green Cards, meaning your immediate family can accompany you on the path to permanent residency.
Once you obtain a Green Card (obtain permanent residence status) through the National Interest Waiver, you’ll become a lawful permanent resident of the United States. having permanent residency allows you to live and work in the country indefinitely. After meeting certain permanent residency and other eligibility requirements, you could be eligible to apply for US citizenship.
The National Interest Waiver is processed quicker than the immigrant visa processing time period needed for other employment-based permanent residence (Green Card) categories. Since January 30, 2023, premium processing has been available for the EB-2 NIW category, which reduces the processing period to 45 days.
Even though the two visas share some similarities, for example, Both the EB-1A and EB-2 National Interest Waiver (NIW) can be self-petitioned applications and don’t need to be sponsored by a US employer, they’re distinct pathways for different types of immigrants.
The EB-1A Visa is reserved for individuals with exceptional ability, outstanding professors and researchers, and multinational executives or managers.
Meanwhile, the EB-2 NIW is specifically for professionals with advanced degrees or exceptional ability who can demonstrate that their work is in the national interest of the United States.
The requirements are very different, and the process of preparing an application for these two classifications varies greatly. This means that it may be likely that you could qualify for EB-2 NIW but not for EB-1A.
The EB1-A has the most stringent requirements among all Green Card categories, making it inaccessible for many applicants. EB-1A is the category for those who can be considered individuals with exceptional ability in their field and have risen to the top of that field.
Meanwhile, for the National Interest Waiver petition, the proposed endeavor must have both substantial merit and national importance. Additionally, the applicant must prove that he/she is well positioned to advance the proposed endeavor and prove that it would be beneficial to the US to waive the job offer and labor certification requirements.
Lastly, the processing wait time if you choose the premium option for the EB-2 National Interest Waiver is 45 days; for the EB-1A, it’s 15 days.
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
