What is an EB-2 NIW Visa?
An EB-2 NIW (National Interest Waiver) visa is a special type of employment-based visa for individuals with an advanced degree or exceptional ability in their field. This visa allows applicants to live and work permanently in the United States if their work is deemed to benefit the U.S. on a national level. With the NIW, applicants don’t need a job offer or a labor certification (PERM) to apply, making the process smoother and quicker.
In this guide, we’ll walk you through the eligibility requirements, costs, timeline, and how to apply for an EB-2 NIW visa.
Cost of the EB-2 NIW Visa
The filing cost for the EB-2 NIW visa includes:
- Form I-140: $715, which is paid when submitting your petition. This form is the “Immigrant Petition for Alien Worker.”
- Form I-485 (if you’re in the U.S.): This application adjusts your status to permanent residency, costing $1,140. You may also need to pay for a medical exam, which costs between $200 and $400.
- Consular Processing (if applying from abroad): The visa processing fee is $345.
Timeline for Getting an EB-2 NIW Visa
Form I-140 Processing Time:
The processing time for this form can range from 10.5 to 26.5 months, depending on where you are applying.
Green Card Availability:
After I-140 approval, you’ll need to check the Visa Bulletin from the U.S. Department of State to see if a green card is available.
- If applying from the U.S., Form I-485 can take an additional 2+ years to process.
- If applying from outside the U.S. via consular processing, it can take about 4 to 6 months.
Concurrent Filing:
If a green card is immediately available, you can submit Form I-140 and I-485 together, speeding up the process.
Eligibility Requirements for EB-2 NIW
To qualify for the EB-2 NIW, you must meet the following criteria:
National Interest Waiver Criteria:
You need to demonstrate that your proposed work is of “substantial merit and national importance” and that you are well-positioned to complete it. Furthermore, the U.S. would benefit more from waiving the job offer and PERM certification requirements than from requiring them.
Advanced Degree or Exceptional Ability:
- Advanced Degree: You must have a U.S. equivalent of a master’s degree or a bachelor’s degree plus 5 years of work experience.
- Exceptional Ability: If you don’t have an advanced degree, you can qualify by showing that you have expertise significantly above what is typically found in your field, such as science, arts, or business.
Documents Needed for EB-2 NIW Application
To successfully apply for the EB-2 NIW visa, you’ll need to gather the following evidence:
Proof of National Interest:
- Articles or publications highlighting your work.
- Testimonials from experts support the importance of your work and its national impact.
- Letters showing that you are well-positioned to complete the project.
Evidence of Advanced Degree or Exceptional Ability:
- Advanced Degree: Transcripts and diplomas proving your educational qualifications.
- Exceptional Ability: At least three of the following:
- Academic records or proof of your degree.
- Membership in professional organizations.
- A license or certification related to your field.
- Documentation of 10 years of full-time work experience in your field.
- Acknowledgments from peers, government agencies, or related organizations.
Additional Evidence:
- A well-organized project plan.
- Proof of the social and economic benefits of your work.
- Proof of any accomplishments, like awards, patents, or conference presentations.
How to Apply for an EB-2 NIW Visa
- File Form I-140: Submit the “Immigrant Petition for Alien Worker” with all required supporting documents.
- Wait for Approval: Once your I-140 is approved, check the Visa Bulletin to see if a green card is available.
- Apply for Adjustment of Status: If you’re already in the U.S., submit Form I-485 to adjust your status.
- Consular Processing: If applying from abroad, apply to the U.S. consulate in your country.
- Complete Biometrics & Medical Exams: Depending on your case, you may need to attend a biometrics appointment or a medical exam.
- Attend an Interview: If required, attend an interview at your local U.S. embassy or consulate.
- Wait for Approval: After everything is processed if approved, you’ll receive your green card, allowing you to live and work in the U.S. permanently.
Frequently Asked Questions (FAQs)
How long does it take to compile the EB-2 NIW application?
Compiling your application could take anywhere from a few weeks to a few months, depending on the complexity of your case and the evidence you need to gather.
Do I need to show evidence for both the NIW and the advanced degree or exceptional ability?
Yes, you must provide evidence for the NIW and either advanced degree or exceptional ability depending on which category you qualify under.
What is a PERM certification?
The PERM certification is a process that requires employers to prove that hiring a foreign worker won’t negatively impact U.S. workers. However, with an EB-2 NIW visa, you don’t need a job offer or a PERM certification.
Can I reuse letters from other visa applications?
It’s generally best not to reuse letters, as letters for EB-2 NIW applications should be written by experts specifically for this petition and should focus on the national interest of your work.
What is the difference between a National Interest Waiver (NIW) and a National Interest Exception (NIE)?
An NIW is a pathway to permanent residency that allows certain foreign nationals to skip the labor certification process if their work benefits the U.S. NIE, on the other hand, is a temporary exception to travel restrictions, typically related to emergencies or specific circumstances like the COVID-19 pandemic.
By following these steps and guidelines, you can increase your chances of successfully obtaining the EB-2 NIW visa and starting your journey to permanent residency in the United States. If you have more questions or need professional assistance, consult with an immigration attorney who specializes in EB-2 visas and National Interest Waivers.
