The EB-2 National Interest Waiver (NIW) visa is for highly skilled workers, professionals, and researchers who want to live and work in the U.S. without needing a job offer. If you’re interested in applying for this visa, here’s a simple guide to help you through the process.
What is an EB-2 NIW Visa?
An EB-2 NIW visa is a type of U.S. work visa for individuals with an advanced degree or exceptional abilities. If your work is in the national interest of the U.S., you may apply for a National Interest Waiver (NIW) along with your EB-2 petition. This allows you to become a lawful permanent resident (green card holder) without needing a job offer or a labor certification. To start the application, you need to file Form I-140, “Immigrant Petition for Alien Worker.” The NIW lets you apply on your own without a job offer.
Steps to Apply for the EB-2 NIW Visa
Prepare Your Documents
Gather documents showing your education, work experience, achievements, and how your work benefits the U.S. This could include degrees, publications, awards, and recommendations.
File Form I-140 (Immigrant Petition)
The first step is to file Form I-140, which is the immigrant petition for a worker. In this form, you’ll explain how you meet the requirements for the EB-2 NIW visa.
Include Evidence for the National Interest Waiver
With your I-140 petition, include evidence showing how your work benefits the U.S. This is the most important part of the application. Examples of evidence include research, publications, or letters from experts in your field supporting your work’s national importance.
Wait for the Decision
After submitting your petition, USCIS will review your application. If approved, you’ll be able to move on to the next step, which is applying for your green card.
Apply for Adjustment of Status or Consular Processing
Once your I-140 is approved, you can either apply for adjustment of status if you are already in the U.S. or go through consular processing if you are outside the U.S. This step involves filing Form I-485 (if in the U.S.) or applying for an immigrant visa at a U.S. embassy (if abroad).
Attend an Interview (if needed)
In some cases, you may be asked to attend an interview. Be prepared to answer questions about your qualifications and how your work benefits the U.S.
Receive Your Green Card
If everything is approved, you will receive your U.S. green card, which allows you to live and work permanently in the United States.
How Much Does the EB-2 NIW Visa Cost?
- Filing Form I-140 costs $715.
- If you’re already in the U.S., you’ll also pay a fee to file Form I-485, “Application for Adjustment of Status,” and the cost of a medical exam (around $200–$400).
- If you’re applying from abroad, consular processing will cost $345.
For more details, visit the Law and Visas guide on adjustment of status versus consular processing.
How Long Does it Take to Get an EB-2 NIW Visa?
- Form I-140 processing can take 10.5 to 26.5 months, depending on where you apply.
- Once I-140 is approved, check the U.S. Department of State’s Visa Bulletin to see if a green card is available.
- If you’re in the U.S., you’ll need to file Form I-485, which may take over 2 years to process.
- If applying abroad, consular processing can take 4 to 6 months.
EB-2 NIW Eligibility Requirements
To qualify for an EB-2 NIW visa, you must meet the following criteria:
- National Interest Waiver
You must prove that your work:- Has “substantial merit and national importance.”
- You are “well-positioned” to carry out your plan.
- Waiving the job offer and PERM certification would benefit the U.S.
- Advanced Degree or Exceptional Ability
- You need a master’s degree or higher, or a bachelor’s degree with 5 years of work experience.
- You must prove you have exceptional abilities, meaning your skills are far above what’s typical in your field.
National Interest Waiver (NIW)
To qualify for the NIW, you must show:
- Your work is of national importance.
- You are well-positioned to complete your work.
- Waiving the job offer requirement would be in the U.S. national interest.
You don’t need to show your work will succeed, only that you are in a good position to succeed.
Evidence for the NIW
You need to gather evidence to support your petition, such as:
- Documents showing your contributions to your field.
- Letters of recommendation from experts in your area.
- Proof of your advanced degree or exceptional abilities.
For an Advanced Degree:
- Provide a degree and transcripts showing a master’s degree or higher, or a bachelor’s degree plus 5 years of work experience.
For Exceptional Ability:
Provide at least 3 of the following:
- Academic records.
- Proof of relevant work experience.
- Membership in professional associations.
- Recognition by peers or government agencies.
- A license to practice in your field.
These documents should be attached to your Form I-140.
The EB-2 NIW visa is an excellent option for skilled individuals who want to work in the U.S. and can show that their work is important to the country. By gathering the right evidence and meeting the eligibility requirements, you can apply for permanent residency in the U.S. without needing a job offer.
For more help, check out the Law and Visas website for detailed instructions and advice.
