Full Guide to Requirements and Application for EB-2 NIW Visa

If you are looking for a green card and to move to the US permanently, you may have heard that you can get an EB-2 visa. However, the regular EB-2 has a specific requirement that can be difficult to meet, as you have to rely on an employer to get it.

There is an alternative, called an EB-2 NIW visa. You can apply and petition for this visa yourself, saving you time and speeding up the process.

Let’s cover all the aspects of an EB-2 visa. Here's an overview of its requirements, who’s eligible, and what the application looks like. You’ll also learn what to expect from the process and the next steps after obtaining it.

What is EB-2 NIW Visa?

EB-2 NIW visa is a pathway for the US green card for someone who has either an advanced degree or exceptional ability.

At the same time, under the NIW waiver, you have to be a foreign national of "national interest."

What is the difference between an EB-2 NIW visa and a regular EB-2 visa?

When applying for a standard EB-2 visa, you have to submit a standing job offer you’ve received. You'll also have to obtain a labor certificate. EB-2 visa requires a US-based employer to serve as a petitioner and the employee acts as a beneficiary. The petition also needs to establish the qualifications an employee has.

The NIW part of the EB-2 NIW stands for National Interest Waiver. Under this waiver, there is no need for an employer, and applicants can request the visa themselves. For your application to have merit and to obtain this waiver, you’ll have to prove that you can perform work that will be valuable to the United States.

Who can qualify for an EB-2 NIW visa?

To qualify for the EB-2 NIW visa, you should meet the three criteria under the “Matter of Dhanasar” decision. These aim to prove that:

The beneficiary has to show that they are well-positioned to advance the endeavor

To prove this, the U.S. Citizenship and Immigration Services (USCIS) considers different factors. These include education, skills, and applicable knowledge. They will also consider any records of displayed success in a particular field. If you approach this section with a business plan, you should prove the existing interest in your business. It can be a proof of interest of investors, users, customers, or shareholders.

Being "well-positioned to advance the endeavor" doesn’t require having a successful business to expand to the US, though it does help. A detailed business plan or beneficial intellectual property can also increase your odds. Previous success, quality education, a strong business plan, and interest will be enough for most applicants.

The endeavor has substantial merit and is of national importance

In terms of merit, many factors may come into play. This merit can be demonstrated in health, education, culture, technology, and science, to name a few. However, the applicants can also skip the economic merit, and focus on their impact on social good.

The term “National importance” can also be interpreted on a case-by-case merit. For example, bringing jobs to a region that is not economically stable can be of national importance, even though it is local in its nature.

It’s beneficial for the US to waive the labor certificate and job offer requirements

The USCIS will consider a couple of factors for the NIW, with urgency being one of them. They may waive the requirements in exchange for speed if the US urgently needs experienced personnel in a particular field.

They will also consider whether it would be practical for the beneficiary to obtain those documents. Also, they will evaluate whether the US will benefit from such a worker.

Considering that there are no official documents listed for this process, the USCIS decides on a case-by-case basis.

What are the requirements for the EB-2 NIW application?

The requirements differ depending on whether you’re applying for an EB-2 NIW visa for an advanced degree or exceptional ability.

Advanced degree

If you’re applying for an advanced degree, you must have one of these degrees:

1. A master's degree from a university in the US or its equivalent from another country.

2. A bachelor's degree, or the equivalent from a university in another country, plus five years of experience in your field.

3. A doctoral degree, i.e. a Ph.D. or its equivalent.

You’ll have to submit official academic documentation to prove this to the USCIS. To prove years of experience in the field, you should ask your current and former employers to write recommendation letters. These are considered proof to confirm you have substantial expertise in the field.

Exceptional ability

When applying for this visa with an advanced degree, you can rely on your academic documentation. However, you need to submit a different set of documentation if you apply under exceptional ability.

The main requirement for exceptional ability is having expertise that goes beyond what is accepted in your field. To do so, you’ll have to submit at least three of the following:

1. Official academic records that are related to your work.

2. Any relevant professional license that you may hold.

3. Proof of membership in a relevant professional association.

4. Financial proof that you got paid for your expertise in the past.

5. Letters from current or former employers that confirm you have at least ten years of expertise in the niche.

6. Proof of any recognition in your field, including awards, grants, or honors.

When submitting academic documents, double-reference your achievements with their counterparts in the US. Different countries have different standards for them. If you’re not sure whether your degree meets the US criteria, you can consult with an educational credential evaluation service.

What does the EB-2 NIW application process look like?

To apply for the EB-2 NIW visa, you start by filling in Form I-140. It is also known as "Immigrant Petition for Alien Worker." When filing Form I-140, you’ll have to pay the USCIS filing fee which currently stands at $715. Make sure to attach the receipt along with the form.

Together with the form and receipts, you should also send all the relevant documentation. Since you will be posting a lot of documents, make sure to label them properly and clearly.

When you've assembled all the needed documents, you should mail them to the USCIS address for the state you want to work in. You can mail your documentation to them at any point in the year.

Once the USCIS receives your documentation, you’ll receive a receipt and a tracking number. You can track the status of your visa application using the tracking number on the relevant government portal.

When your visa gets approved, you’ll receive a notice called I-797. You’ll then have to apply to receive permanent residence. You can apply for permanent residence through the form I-485.

What is the standard EB-2 NIW processing time?

The processing time for an EB-2 NIW visa depends on multiple factors. These include where you’re filing from, and whether you’d like to pay for an expedited process. Typically, Form I-140 can take anywhere from ten months to two and a half years.

If you decide to go with consular processing, the Form I-140 can take four to six months. Of course, you can also pay $2805 for premium processing, which will reduce the wait to 45 days.

How much does EB2 NIW cost?

Obtaining an EB-2 NIW visa is a complex process ridden with many fees. It depends on the country from where you apply for this visa, the number of documents you need to translate, and whether you should hire a lawyer. Overall, it can cost anywhere between $2,375 and $27,025. Here is a quick breakdown:

While in the US

If you are applying for an EB-2 NIW visa while you’re in the US, you can expect to pay the following fees:

• Form I-140 - $715 (Since April 2024)

• Form I-485 - $1,140

• Medical examination - $200-$500

• Biometrics fee - $85

• Documents translation - $50 - $500

• Credential evaluation - $200 - $500.

From outside of the US

Even if you’re applying for the EB-2 NIW visa from outside the US, the fees are fairly similar:

• Form I-140 - $715 (Since April 2024)

• Form DS-260 - $325

• Medical examination - $200-$500

• Biometrics fee - $85

• Documents translation - $50 - $500

• Credential evaluation - $200 - $500.

You can also opt for additional steps to the process, which will incur more fees. For example, you may want to pay the premium processing fee to expedite it, which stands at $2,500. Or, you might decide to hire an immigration lawyer to help ensure your visa application will get accepted. The lawyer fees can cost you anywhere between $5,000 to $15,000.

What happens after the approval?

Once you are approved for the visa, you have to keep an eye out on the Department of State’s Visa Bulletin to see whether the green card is approved. Once the visa is approved, you can start the green card application process.

The green card application process may take up to two years.

What are some common mistakes to avoid with EB-2 NIW?

Submitting your application for an EB-2 NIW visa can be a complex task. Not only do you have to collect and submit a lot of paperwork, but you also have to avoid the common mistakes that might get you rejected.

Staying up to date with relevant paperwork is mandatory. One of the most common mistakes applicants make is filling in the wrong form. Other times, they fill in outdated forms the USCIS will not accept. Make sure to get your forms from the official USCIS site.

Also, do your research, and fill in the application in an optimal manner to help the USCIS official see that you should be approved for the visa. Ensure you’ve placed your signature on all relevant pages, and take your time to properly plan answers to the questions on the I-140 form.

Keep in mind that the USCIS relies on the form to determine whether you are eligible for this type of visa. You want to ensure your answers are straightforward, your petition clear, and that you are not wasting USCIS officials' time with convoluted information. It’s recommended you follow the instructions provided by the USCIS and even consult a lawyer if you are unsure of the best practices for filling in the form.

Lastly, you should attach relevant fees to your application. Timely complete the payments and submit those together with the paperwork.

Is EB2 NIW hard to get?

The difficulty of obtaining an EB-2 National Interest Waiver (NIW) varies and depends on the individual. The U.S. Citizenship and Immigration Services (USCIS) considers circumstances and qualifications on a case-by-case basis.

However, stats show that over 90% of applicants get approved each year in the last five years. The stats for 2023 show 93,010 applicants for this visa, out of which 81,380 got approved.

The paperwork and procedures might seem rigorous and complex. However, if you meet the requirements, following through will likely result in acceptance.

FAQ:

What does NIW stand for?

The NIW stands for National Interest Waiver. Under the NIW, the applicant petitions the USCIS to waive the job offer and the labor certificate requirements for the EB-2 visa.

Do you need a job offer for EB2 NIW?

No, under the NIW you do not need a job offer or labor certificate to apply for EB-2. It allows you to petition directly to the US Citizenship and immigration services (USCIS). You can prove that your expertise would benefit the country without the job offer.

How long does EB-2 NIW take?

Obtaining the EB-2 NIW can take anywhere from 45 days to two years.