Reviewed by André Matias, Esq., Principal Attorney
Permanent resident visas
What is the EB-2 NIW Visa?
The EB-2 NIW (National Interest Waiver) visa is a category of employment-based immigrant visa available to foreign nationals who possess advanced degrees or exceptional abilities and can demonstrate that their work is of substantial merit and in the national interest of the United States. This visa category is a part of the broader EB-2 visa classification, which is reserved for individuals with advanced degrees or exceptional abilities.
The key feature of the EB-2 NIW is that it allows individuals to self petition for a waiver of the standard PERM labor certification process, which is typically required for employment-based immigration visas. This waiver can save a significant amount of time and effort in the application process. Because no employer sponsor is required, the EB2-NIW is an attractive option for qualified professionals whose are self-employed, work as independent consultants, or even plan to start their own businesses in the United States.
EB-2 NIW
EB2-NIW Visa Requirements
To qualify for an EB-2 NIW visa, applicants must typically meet the following criteria:
- The applicant must have either an advanced degree (such as a master’s or higher) or demonstrate exceptional ability in their field. An applicant can also meet the Advanced Degree requirement if they have a bachelor’s degree and at least five years of progressive experience in their field.
Exceptional ability usually requires a high level of expertise and recognition in the field, often supported by awards, publications, or other evidence. - The applicant must demonstrate that their proposed endeavor in the United States has both substantial merit and national importance. This means that the applicant’s work should have intrinsic value and be beneficial to the United States as a whole.
- The applicant must show that they are well-positioned to advance their proposed endeavor. This can be demonstrated through their education, skills, experience, and a credible plan for executing the project or work.
It is not required that the applicant demonstrate that their work is of “national scope” or that it will benefit the entire nation. Instead, it must be shown that the work has a significant impact or importance, even if it is localized or focused on a particular region or field. - The applicant must also establish that it would be in the national interest of the United States to waive the labor certification requirement, which is typically required for employment-based immigration visas. This means that the benefits of the applicant’s work should outweigh the national interest in protecting job opportunities for U.S. workers.
EB-2 NIW petitions are typically filed by the individual applicant or their employer, and they are evaluated by the U.S. Citizenship and Immigration Services (USCIS). If approved, the applicant can then apply for an immigrant visa or adjust their status to become a lawful permanent resident of the United States.
Benefits of the EB2 NIW Visa
The EB-2 NIW (National Interest Waiver) visa offers several benefits to eligible foreign nationals who qualify for this category:
1. Waiver of Labor Certification
One of the primary benefits of the EB-2 NIW visa is that it allows applicants to request a waiver of the labor certification requirement. Typically, employment-based immigration visas require employers to go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the job. With the NIW, applicants can self-petition or have their employer petition on their behalf without the need for labor certification. This saves time and effort in the application process.
2. Self-petitioning
In many employment-based immigration categories, the employer is the petitioner. However, with the EB-2 NIW, the applicant can be the petitioner, which provides greater flexibility and control over the immigration process. This is especially beneficial for individuals who are self-employed, researchers, or entrepreneurs.
3. Faster processing
Because the EB-2 NIW does not require the labor certification process, it can result in faster processing times compared to other employment-based visa categories that do require labor certification.
4. Flexibility in Career and Location
EB-2 NIW recipients have more flexibility in their careers and can often change employers or job positions without jeopardizing their immigration status. They are also not tied to a specific job or location, which can be advantageous for those seeking to explore different opportunities within the United States.
5. Path to Permanent Residency
The EB-2 NIW visa is an immigrant visa category, which means that it provides a direct path to permanent residency (green card) in the United States. Once granted, permanent residents can live and work in the U.S. indefinitely.
6. Eligibility for Adjustment of Status
EB-2 NIW visa holders are generally eligible to apply for adjustment of status to become lawful permanent residents without having to leave the United States, provided that visa numbers are available.
7. Family Benefits
EB-2 NIW visa holders can often include their immediate family members (spouse and unmarried children under 21) in their application, allowing them to live and work in the United States as well.
EB-2 NIW visa application process
The EB2 NIW visa application process involves several steps and services, including:
- 1Assessing your eligibility
- 2Strategizing with you
- 3Gathering evidence
- 4Preparing supporting documents
- 5Drafting forms
- 6Crafting the petition
- 7Monitoring the process
- 8Preparing for interview
- 9Green Card
EB-2 NIW process details
Assessing your eligibility
We will analyze your educational and professional profile to determine if you meet the eligibility criteria of the EB2 NIW visa.
To qualify for the EB2 NIW visa, you must have an advanced degree (master's or higher) or a combination of education and equivalent professional experience ( bachelor's and five year's progressive experience). In addition, you can also qualify if you demonstrate exceptional ability in your field. We will carry out a thorough assessment of your qualifications and experience to determine whether you meet these criteria and are eligible to apply for the EB2 NIW visa.
Strategizing with you
After assessing your eligibility, our team will set a meeting with you to discuss strategy and how to best move forward with your case.
Gathering evidence
We will help you collect and organize all the documents needed for your application, including proof of exceptional skills and diplomas.
Preparing supporting documents
We will carry out a thorough review of all documents and information provided to ensure their accuracy, completeness, and compliance with the regulatory requirements, as well as assist in gathering additional evidence such as business and professional plans, as well as expert and support letters.
Drafting forms
We will carefully prepare and review all immigration forms required for your EB2 NIW petition, ensuring that all the information provided is correct and complete.
Crafting the petition
Your immigration lawyer and dedicated team at Altius will personally review the entire petition, highlighting to US immigration officials how your skills, experience, proposed endeavor, and assembled evidence show that you are qualified for and deserving of the EB2 NIW visa.
Monitoring the process
We will provide ongoing support throughout the application process, tracking the status of your application, providing updates and answering any questions or concerns you may have.
Preparing for interview
If needed, we will offer guidance and prepare you for your adjustment of status interview in the United States, or at an embassy abroad in the event you are applying from outside the USA. We will review with you all documentation submitted with your petition, perform interview simulations, and discuss with you the kinds of questions immigration officials typically ask.
Our team of immigration experts is committed to providing comprehensive and personalized support at every stage of the application process. With our help, your immigration petition will be fully documented and you will be prepared for your green card interview.
EB-2 NIW Visa Lawyer
Benefits of the EB-2 NIW visa with Altius
It’s important to note that while the EB-2 NIW offers numerous benefits, the eligibility criteria are stringent, and the application process can be complex. Therefore, it’s advisable to consult with Altius to assess your eligibility and so we can assist in navigating the application process successfully.
Get in touch
Contact us today to schedule an initial consultation for your EB2-NIW. At Altius, we are committed to providing customized, high-quality solutions for your immigration needs. Let us help you get on the path to your Green Card and a new life in the United States.