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EB-2 NIW Visa (NIW Green Card)

What is an NIW Visa?

The National Interest Waiver (NIW) is a special category of employment-based immigrant visas in the United States, specifically under the EB-2 (Employment-Based Second Preference) category. It allows individuals with exceptional ability or advanced degrees to seek permanent residency (a green card) without the need for a specific job offer or labor certification.

On this page, we will discuss the following:

(1) NIW Requirements with document list,

(2) Whether a labor certification is required or not,

(3) I-140 Self-petition with premium processing,

(4) Visa Bulletin and priority date,

(5) Consular Processing, and 

(6) Adjustment of Status.

NIW Visa Requirements

To qualify for an NIW, you must meet certain requirements:

(1) Advanced Degree or Exceptional Ability: To be eligible for an EB-2 NIW visa, you must fall into one of the following categories:

      • Hold an advanced degree (master’s degree or higher) or its equivalent, or
      • Possess exceptional ability in your field, which means you have a high level of expertise and recognition in your area of work.

(2) National Interest Requirement: You must demonstrate that your work is of “national interest” to the United States. This typically involves showing that your work benefits the United States as a whole in one of the following ways:

      • Improves the U.S. economy.
      • Advances U.S. healthcare or medical research.
      • Benefits U.S. education or academia.
      • Addresses a significant problem or issue of national importance.
      • Serves the national defense or security interests of the United States.

(3) Evidence of National Interest: When applying for an EB-2 National Interest Waiver (NIW) visa, providing compelling evidence that your work is in the national interest of the United States is crucial. To establish this, you should compile a comprehensive set of documents and information that demonstrates the significance and impact of your work. Here are some types of evidence you can use to support your EB-2 NIW petition:

    1. Documentation of Achievements:
      • Copies of published research papers, articles, reports, or studies that you authored or contributed to.
      • Evidence of patents, inventions, or innovations associated with your work.
      • Proof of awards, honors, or recognitions you have received in your field.
    2. Letters of Support:
      • Letters of recommendation from experts, colleagues, and peers in your field. These letters should address your contributions, expertise, and the national importance of your work.
      • Letters from government agencies, professional organizations, or industry leaders that acknowledge the significance of your work.
    3. Publications and Citations:
      • Provide evidence of the impact of your work by showing how your research or contributions have been cited by others in the field.
      • Include citation indexes, lists of publications, and references in academic or industry journals.
    4. Testimonials:
      • Statements from individuals or organizations that have benefited from your work or collaborated with you.
      • Testimonials that highlight the practical applications or advancements made possible by your contributions.
    5. Work History and Research Projects:
      • Detailed descriptions of your work history, research projects, and professional experiences that demonstrate your expertise.
      • Information about projects or initiatives that have had a significant impact on your field.
    6. Membership in Professional Organizations:
      • Proof of your memberships in professional associations, societies, or organizations related to your field.
      • Any leadership roles or active involvement in these organizations.
    7. Media Coverage and Press Mentions:
      • Copies of articles, interviews, or reports in reputable media outlets that highlight your work and its national significance.
      • Any instances of your work being featured in news stories, magazines, or television broadcasts.
    8. Government Grants or Funding:
      • If applicable, provide evidence of government grants, funding, or support you have received for your work.
      • Show how your research aligns with government priorities or national initiatives.
    9. Letters from Beneficiaries:
      • Letters from organizations, communities, or individuals who have benefited from your work and can attest to its importance.
      • Explain how your contributions have positively affected specific sectors or communities.
    10. Impact Assessment:
      • Provide data, statistics, or case studies that illustrate the practical impact of your work on the U.S. economy, society, healthcare, education, or other areas of national interest.
    11. Personal Statement:
      1. Include a well-written personal statement that explains your work, its significance, and how it serves the national interest. Use this statement to tie together the evidence you provide.

(4) Self-Petition: Unlike other EB-2 categories, the EB-2 NIW allows you to self-petition, meaning you do not need an employer to sponsor you. You can file Form I-140 (Immigrant Petition for Alien Worker) directly with U.S. Citizenship and Immigration Services (USCIS).

(5) Labor Certification Waiver: You do not need to go through the labor certification process, which is typically required for employment-based visas. This waiver streamlines the application process.

(6) Job Offer Not Required: You are not required to have a job offer from a U.S. employer to apply for the EB-2 NIW visa. However, having a job offer can strengthen your case.

It’s important to note that the EB-2 NIW category is highly competitive, and the evidence you provide must be persuasive and clearly demonstrate that your work benefits the national interest. Consult with an experienced immigration attorney or expert to assess your eligibility, prepare a strong petition, and navigate the application process effectively. Meeting these requirements and submitting a compelling case is critical for a successful EB-2 NIW visa application.

USCIS Processing

The processing time for an EB-2 visa through USCIS can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-2 visa through USCIS:

  1. Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. 
      • Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
  2. Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-2. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days. Premium processing can significantly reduce the processing time.

Priority Date & Visa Bulletin

  • Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.

Consular Processing

If the alien does not live in the U.S., they will have to submit:

        • The DS-260 Immigrant Visa Application,
        • Supporting documents,  and
        •  Attend an interview with the U.S. Consulate in their country.  

Upon approval, the alien will be able to enter the U.S. as a permanent resident.

Adjustment of Status (AOS)

If the alien already lives in the U.S. they will have to submit a Form  I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.

Important Links for Related Visas:

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

1 Comment

  • Muhammad Shamim

    I’m interested in EB2 NIW green card visa. Please let me know your services and fees.

    Reply

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