US Office
1717 Pennsylvania Avenue, Washington DC
Tel: +1 (267) 507-6078
UK Office:
Thames House, Mere Park, Marlow UK
Tel:+44 (775) 449-9644
Italy Office:
Via Bonifacio Lupi, 29, 50129
Firenze FI, Italy.
Tel: (+39) 055 0763054
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.
EB-2 NIW GREEN CARDSTo 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.
You can fulfill the General EB-2 Eligibility Test by meeting either of the following 2 requirements:
Most applicants for the NIW Green Card easily meet the General EB-2 Eligibility Test by holding an advanced degree or its equivalent.
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:
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.
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.
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
Global 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.
Address: 1717 Pennsylvania Avenue NW , Suite 1025, Washington DC, 20006, United States.
Phone: +1 (267) 507-6078
Map and Driving Directions to Global Immigration Partners in US
Find an Immigration Lawyer in Washington, DC United States.
Address: Via Bonifacio Lupi, 29, 50129 Firenze FI, Italy – Phone:(+39) 055 0763054
Map and Driving Directions to Global Immigration Partners in Italy
Find an Immigration Lawyer in Italy.
Address: Thames House, Mere Park, Marlow | SL7 1PB, Bucks, Great Britain, United Kingdom
Map and Driving Directions to Global Immigration Partners in UK
Find an Immigration Lawyer in United Kingdom
Applying For An EB2 NIW Is Made Easier With Citizen Concierge
