EB-2 NIW Green Card

EB-2 National Interest Waiver (NIW)

The EB-2 NIW process allows for individuals to self-sponsor their own green card. The program is designed for foreign nationals who possess advanced degrees, exceptional skills, or exceptional abilities in their field. Such applicants may waive the labor certification process typically required for employment-based green cards and self-sponsor their green card.

What sets the EB-2 NIW apart is the focus on showcasing how an applicant’s work serves the national interest of the United States.

EB-2 NIW Requirements

To qualify for an EB-2 NIW, an applicant must meet the following criteria:

Professional Capacity: Possess an advanced degree (master’s degree, Ph.D, etc.) or a bachelor’s degree with five years of post-baccalaureate work experience in their field. Alternatively, the applicant may demonstrate exceptional ability in the sciences, arts, or business.

Substantial Impact: Prove that their work has a substantial impact in their field, benefiting the United States.

National Interest Waiver: Seek a waiver of the labor certification process by demonstrating that their work is in the national interest of the United States.

EB-2 NIW Process

The application process for an EB-2 NIW involves several steps:

Petition Filing: File Form I-140, Immigrant Petition for Alien Worker, along with supporting documentation demonstrating eligibility and meeting the criteria.

Evidence Compilation: Gather compelling evidence showcasing the substantial impact of the applicant’s work in their field and how it is in the national interest.

Filing with USCIS: Submit the petition to USCIS for adjudication.

EB-2 NIW Premium Processing

For those seeking a faster adjudication, the premium processing service requires USCIS to adjudicate the application within 45 calendar days. Applicants can file form I-907 with their application and pay an additional $2,500 to USCIS, in addition to the I-140 filing fee of $700.

EB-2 NIW Processing Time

When USCIS approves the NIW request, the hard part is mostly done, but there is still more to do. Applicants with an approved NIW I-140 may then proceed to directly apply for their green card by filing form I-485 with USCIS and paying an additional $1,225 fee. The EB-2 visa category is currently backlogged, so applicants should check the most recent Visa Bulletin to determine when they may file.

Once filed, applicants can expect USCIS to take a year or more to process the I-485 application. In total, the EB-2 NIW process usually takes more than a year if all goes well, though citizens of certain countries, such as India and China, will wait much longer. These individuals should consider filing in the EB-1 category instead, or pursue other options such as an O-1 visa.

EB-2 NIW Lawyer New York

Determining the best way forward for your green card journey can be stressful, but we will guide you through the process. Please contact us today: +1 845-288-2435 / beaconimmigration@gmail.com.

 

Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).