EB2 NIW

EB2 NIW Legal Services

EB2 NIW: A Pathway to Permanent Residency

The EB2 National Interest Waiver (NIW) is a pathway to permanent residency in the United States. This category allows individuals with exceptional abilities or advanced degrees to bypass the labor certification process and self-petition for a green card. In this article, we will explore the EB2 NIW category and its requirements.

E2 Visa Guide | EB2 NIW Visa Requirements | Global Immigration Partners

What is the EB2 Visa?

Eligibility criteria

  • Exceptional ability in the sciences, arts, or business
  • Advanced degree or equivalent experience
  • Demonstrated ability to significantly contribute to the national interest of the United States

Benefits of the EB 2 Visa

  • No requirement for a job offer or employer sponsorship
  • Ability to self-petition for a green card
  • Expedited processing times compared to other employment-based categories
  • Immigrant Visa
  • Premium processing

 

How to apply for the EB2 Green Card

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Documenting exceptional ability

  • Academic achievements
  • Professional Recognition
  • Published work
  • Patents or inventions

Demonstrating national interest

  • Research or contributions that have a substantial impact on the field
  • Evidence of job creation or economic growth
  • Contributions to national security or public health

Preparing the petition

  • Form I-140
  • Supporting documents
  • Recommendation letters
  • Personal statement

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US Visa | EB2 NIW Visa Requirements | Global Immigration PartnersEB-2 NIW GREEN CARDS

Do You Qualify for an NIW Green Card?

To be eligible for an EB-2 NIW Green Card, you must successfully complete the General EB-2 Eligibility Test and the National Interest Waiver Test.

Step 1: The General EB-2 Eligibility Test

You can fulfill the General EB-2 Eligibility Test by meeting either of the following 2 requirements:

  1. You possess an advanced degree (Master’s or Ph.D Degree), or its equivalent (Bachelor’s Degree and 5 years of work experience); or
  2. You have shown exceptional ability in your profession.

Most applicants for the NIW Green Card easily meet the General EB-2 Eligibility Test by holding an advanced degree or its equivalent.

Step 2: The National Interest Waiver Test

Once you’ve passed the General EB-2 Eligibility Test, you must also meet all 3 components of the National Interest Waiver test, which are:

  1. The work you propose has significant value and is of national significance;
  2. You are in a strong position to progress your proposed work; and
  3. Considering all factors, granting you a waiver of the standard job and labor certification requirements would be in the U.S. national interest.

This National Interest Waiver criterion was established in the 2016 Administrative Appeals Office (AAO) precedent decision known as Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which set a new standard for assessing NIW Green Card applications.

How Does the NIW Green Card Application Process Work?

To secure an NIW Green Card, you need to submit and get approval for an I-140 Immigrant Petition and an I-485 Adjustment of Status Application. There are two strategies for filing applications, Concurrent Filing or Separate Filing.

Simultaneous Submission: If you possess a robust NIW profile, you have the option to submit your I-140 Immigrant Petition and I-485 Adjustment of Status Application at the same time (also known as “simultaneous submission”).

Important: Your EB-2 priority date needs to be current to submit your I-485 Adjustment of Status Application along with your NIW I-140. Therefore, if you were born in India or China, you are not eligible for a simultaneous submission as the EB-2 priority dates for India and China are usually not current according to the U.S. Department of State’s Visa Bulletin. Instead, you must wait until your EB-2 priority date is current before you can submit your I-485 Adjustment of Status Application.

Individual Submission: If you’re unsure about the robustness of your NIW profile, you have the option to submit your NIW I-140 Immigrant Petition initially, and upon its approval, you can proceed with your I-485 Adjustment of Status Application (provided your EB-2 priority date is up-to-date).

The legal experts from Ellis Porter’s High-Skilled Immigration Team are equipped to guide you in selecting the most suitable application submission strategy tailored to your unique circumstances.

What are the Key Benefits of Applying for an NIW Green Card?

No Need for Employer Sponsorship: You have the liberty to submit an NIW Green Card application on your own (often referred to as a “self-petition”) without the need for your employer’s sponsorship.

No Specific Job Offer Required: You can submit an NIW Green Card application even in the absence of a job offer from a U.S. employer.

No Need for PERM Labor Certification: Unlike the majority of other Green Card categories based on employment, there’s no need to undergo the PERM Labor Certification process to demonstrate a lack of U.S. workers in your profession to qualify for an NIW Green Card application.

More Lenient Eligibility Requirements than EB-1A: The eligibility criteria for the NIW Green Card are less stringent compared to the EB-1A Green Card, which necessitates you to provide persuasive evidence meeting 3 out of the 10 “extraordinary ability” criteria. Consequently, the approval rates for NIW Green Card applications by USCIS are considerably higher than those for EB-1A Green Card applications.

Fast EB2 visa processing time consult with our EB2 Immigration Attorney

Conclusion

The EB2 NIW category provides a unique opportunity for individuals with exceptional abilities or advanced degrees to obtain permanent residency in the United States. By bypassing the labor certification process and self-petitioning for a green card, applicants can benefit from a streamlined process and greater flexibility. However, it is important to carefully document and demonstrate both exceptional ability and national interest to increase the chances of a successful application.

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HOW WE HELP CLIENTS

Global Immigration Partners | EB2 NIW Visa Requirements | Global Immigration PartnersGlobal Immigration Partners PLLC is a specialized immigration law firm. A substantial part of our practice focuses on assisting business owners and investors with E1, E2, L1 and EB-5 visas.Through our international presence we have specialist knowledge of the specific procedures in multiple embassies and consulates around-the-world.

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Reference Links:

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Applying For An EB2 NIW Is Made Easier With Citizen Concierge

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