Are you dreaming of a green card? The EB2 NIW might be your ticket to permanent residency in the United States. This path is for those with advanced degrees or exceptional abilities. You won’t need a job offer or labor certification.
The EB-2 visa is for brilliant minds in sciences, arts, and business. With the National Interest Waiver (NIW), you can skip the usual steps. This is a chance for those whose work can greatly benefit the nation.
Did you know? USCIS has seen a rise in EB-2 petitions, especially for NIW cases. The approval rates are strong, with 90% of applications approved in 2023. If you’re a STEM professional or have exceptional skills, this could be your moment to shine.
Ready to explore if you qualify? Let’s dive into the world of EB2 NIW. See how it can make your American dream come true.
Understanding the EB-2 Visa Category
The EB-2 visa is a crucial part of employment-based immigration in the U.S. It’s for professionals with advanced degrees or special skills. Since 1990, it has helped qualified individuals get permanent residency.
Advanced Degree Requirements
To get an EB-2 visa, you need a U.S. advanced degree or its equivalent from abroad. Or, you can have a bachelor’s degree and five years of work experience. This option is for skilled professionals looking for long-term jobs in the U.S.
Exceptional Ability Criteria
If you have exceptional skills in sciences, arts, or business, you might get an EB-2 visa. You must meet at least three of six USCIS criteria. These include academic achievements, professional licenses, or being recognized in your field. Your skills must greatly benefit the U.S. economy, culture, or education.
Labor Certification Process
Most EB-2 visa applicants need labor certification. Employers must get a certified Application for Permanent Employment Certification from the Department of Labor. This process takes about 363 days on average.
After getting certified, employers file Form I-140 to start the green card process. Labor certification makes sure your job won’t hurt U.S. workers’ wages or working conditions.
What is the National Interest Waiver (NIW)?
The National Interest Waiver (NIW) is a special way to get a green card. It lets you skip the job offer and labor certification steps. You can apply for your green card on your own, taking charge of your immigration path.
NIW is for work that’s really important for the U.S. You must show that your project is very valuable. You also need to prove you’re the best person for the job and that it’s good for the country.
Most NIW applications get approved, about 90%. Over 10,000 people have gotten their green cards this way. If you get approved, your spouse and kids under 21 can also move to the U.S.
NIW is under the EB-2 visa, for those with advanced degrees or special skills. You need to meet certain requirements to qualify. These could be your academic success, work history, or being known in your field. The USCIS will look at your application and see how your work will help the country.
Eligibility Criteria for EB2 NIW
To get the EB2 National Interest Waiver, you must meet certain requirements. You need to show you have exceptional skills and your work is crucial for the nation.
Advanced Degree or Exceptional Ability
You must either have an advanced degree or be exceptionally talented. An advanced degree is a master’s or higher, or a bachelor’s with five years of experience. Or, you need to prove you have three out of six key skills, like academic achievements or professional awards.
Three-Prong Test in Matter of Dhanasar
The Matter of Dhanasar created a three-part test for EB2 NIW. You must prove your work is highly valuable and important for the nation. Then, show you’re in a great position to advance this work. Finally, explain why not requiring a job offer and labor certification is good for the U.S.
Demonstrating National Importance
Your work should have a big impact on the U.S. This could be by boosting the economy, healthcare, education, or technology. Fields like STEM, IT, and engineering often fit. Showing how your work helps in these areas makes your case stronger for national importance. At Green Card For Alien, we’ve got people in diverse fields get approved. From a musician to a music teacher, Indian classical dancer to a software engineer, your special skills and their significance to the U.S. matter most.
Benefits of Pursuing an EB2 NIW
The EB2 NIW offers a unique path to a green card with several advantages. You can self-petition without a job offer, giving you more control over your immigration journey. This flexibility allows entrepreneurs, researchers, and professionals to pursue their work freely, unbounded by a specific employer.
The NIW process often leads to faster processing compared to other employment-based categories. As of October 2023, USCIS reported processing times of 3 to 6 months for National Interest Waivers. With premium processing, your Form I-140 can be processed in just 15 calendar days for a $2,500 fee. This speed contrasts sharply with the traditional PERM labor certification, which can take over 18 months.
The EB2 NIW caters to a wide range of professional fields, accommodating diverse occupations that benefit the United States. For example, many successful NIW petitioners come from Iran, often with STEM backgrounds. If you’re from Iran, you might be eligible for immediate green card status upon NIW approval, without long waiting periods. Remember, processing times and visa availability can vary based on your country of birth, so it’s crucial to consider these factors when pursuing an EB2 NIW.
FAQs
What is an EB-2 NIW visa?
The EB-2 NIW visa, or Employment-Based Second Preference visa with National Interest Waiver, is an immigrant visa category for foreign nationals who have exceptional abilities or advanced degrees and whose contributions would be beneficial to the United States.
What is the application process for an EB-2 NIW?
The application process for an EB-2 NIW involves filing an I-140 Petition for Alien Worker along with supporting documents that show how the foreign national’s proposed endeavor would be beneficial to the United States. If approved, the applicant can then file for adjustment of status using Form I-485 or go through immigrant visa processing if outside the U.S.
Do I need a job offer to apply for an EB-2 NIW?
No, one of the primary benefits of the EB-2 NIW is that it allows the applicant to waive the requirements of a job offer and labor certification, thereby expediting the path to permanent residence.
How does the USCIS evaluate an EB-2 NIW petition?
The USCIS considers whether the foreign national’s work or proposed endeavor is in the national interest of the United States, whether the applicant is well-positioned to advance the proposed endeavor, and whether it would be beneficial to the United States to waive the job offer requirement.
What kind of recommendation letters are needed for an EB-2 NIW application?
Recommendation letters for an EB-2 NIW should come from experts in the applicant’s field who can attest to the significance of the foreign national’s work and its impact on the national interest.
How long is the processing time for an EB-2 NIW application?
The processing time for an EB-2 NIW application varies but typically ranges from 6 months to over a year for the I-140 petition. Additional time will be required for the adjustment of status or immigrant visa processing.
What are the filing fees associated with an EB-2 NIW application?
The filing fee for the I-140 petition is currently $700. Additional fees apply for Form I-485 (adjustment of status) or immigrant visa processing, which can vary depending on the specifics of the case.
Can I apply for a green card while on an EB-2 NIW visa?
Yes, once your I-140 petition is approved, you can apply for a green card by filing Form I-485 if you are in the United States, or by going through consular processing if you are outside the country.
How important is an immigration attorney in the EB-2 NIW process?
While it is not mandatory to hire an immigration attorney, having an experienced immigration lawyer can significantly improve your chances of success by ensuring that all documentation is properly prepared, comprehensive, and compelling.
What is the “proposed endeavor” in an EB-2 NIW application?
The “proposed endeavor” refers to the specific work or research the applicant intends to pursue in the United States, which must be demonstrated to be in the national interest.