EB-2 National Interest Waiver

Before getting into the details of the NIW, it’s important to have a clear understanding of the EB-2 visa. The EB-2 green card is an employment-based immigrant visa category designed for individuals with advanced degrees or exceptional abilities in specific fields, including in science, the arts, or business.

Essentially, the EB-2 category aims to attract foreign professionals and individuals who have demonstrated outstanding expertise and provide them with an opportunity to become a lawful permanent resident of the United States. To be eligible for an EB-2 visa, you need to be considered one of the following:

• Advanced degree professionals. This classification is for individuals with an advanced degree or its foreign equivalent. The advanced degree must be a master’s degree or higher, or a bachelor’s degree plus five years of progressive post-bachelor’s degree experience.
• Exceptional ability. This category is for individuals with exceptional ability in their field, which means a degree of expertise that is significantly higher than is ordinarily encountered in their respective fields. Extraordinary ability is demonstrated through sustained national or international acclaim and recognition.

Typically, if you fall into one or both of these categories, you will be eligible to apply for an EB-2 visa—if you have also received a legitimate job offer from a valid U.S. employer who meets their own set of eligibility requirements. These include:

• Labor certification (PERM). In most cases, the employer needs to obtain a labor certification from the U.S. Department of Labor (DOL) unless the employer can demonstrate that obtaining such certification would be against the best interests of the United States. Labor certification involves proving that there are no qualified U.S. workers available for the position and that hiring a foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Ability to pay. The employer must demonstrate the ability to pay the offered wage to the foreign national. This is typically assessed by providing financial documents, including tax returns and financial statements.
• Petition filing. The employer must file an Immigrant Petition for Alien Worker (Form I-140) with the USCIS. The petition should be accompanied by supporting documentation, such as the approved labor certification.

In addition to these requirements, the employer must also agree to sponsor the visa holder throughout the application process. Because synchronicity between the visa holder and the employer is crucial when applying for an EB-2, approval may take months, or even a year or more.

For individuals who have endeavors in the U.S. and who present a unique and important interest to the United States government, applying for an EB-2 visa directly (without the need for a sponsor or job offer) is possible through the EB-2 National Interest Waiver. To do so successfully, they will need to meet the eligibility requirements discussed in the next section.

If you feel that you meet all of the eligibility criteria, you will begin your green card application by submitting an I-140 petition. Along with your petition paperwork, you will need to submit documentation that proves you have an advanced degree, an exceptional ability in an acceptable field, or both.

Required EB-2 National Interest Waiver Documents

Proving that you qualify for both an EB-2 visa and an NIW will require substantial documentation. To build a solid case to the USCIS, you will need to submit a variety of documents. Here are a few important pieces to include:

• Your official academic record
• College transcripts
• Your degree
• Your resume
• Letters of recommendation
• Articles or publications written about your accomplishments
• Proof of membership at professional associations
• A specialized license or certification

Keep in mind that this is not a complete list; it’s a good idea to include any piece of information that may give you more authority in your petition. It’s also important to remember to include notarized translations if needed and to submit only copies of the original documents (unless otherwise specified by the USCIS).

EB-2 NIW Petition Processing Time

According to the USCIS official website, the typical processing time for an EB-2 NIW application is 10-11 months. However it’s important to note that this can fluctuate significantly if your application has a lot of documentation, raises questions during processing, or if there are a significant amount of applications ahead of yours.

EB-2 NIW Interview Process

The final, and arguably most important, part of the EB-2 NIW application process is submitting to an in-person interview with the USCIS at a US embassy or consulate. The purpose of the interview will be to affirm the accuracy of your statements, correct any issues with your application, and if accepted, conduct a medical examination and record biometrics such as fingerprints and signatures.

EB-2 NIW Appeal Process

You will have the option to appeal the decision within 30 days. The appeal process involves submitting a comprehensive and well-documented appeal package to the USCIS Administrative Appeals Office (AAO).