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- (415) 362-2906
The EB2 NIW employment-based visa couples a unique immigrant visa category with a waiver that allows a beneficiary to self-petition for their own visa. Sometimes called the “EB-2 NIW green card,” this is one of the few ways a foreign national can be both the petitioner and the beneficiary of an employment-based immigrant visa.
When comparing EB2 vs EB2 NIW, the key difference is that the National Interest Waiver removes the need for employer sponsorship and labor certification, making the process more flexible for qualified individuals.
Warren Law Firm has more than 20 years of experience handling the process of immigration law and the expectations of immigration officials. Our firm handles EB-2 NIW petitions and supports clients through each stage of the process. Our team understands that EB-2 NIW professionals have their own areas of focus, and our preparation service helps reduce the stress of the visa petitioning process.
Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
“ EB2 NIW” is short for Employment-Based, Second Preference Immigrant Visa with a National Interest Waiver.
The idea behind the National Interest Waiver is that it benefits the United States to grant a visa without the usual employer requirements. This applies when the applicant’s work is important enough to justify skipping those steps.
The EB2 NIW is different from a standard EB2 visa in a few ways:
This is the core difference between EB2 vs EB2 NIW, and it is why many professionals choose the NIW path.
In addition to meeting the EB2 visa requirements of having an exceptional ability or advanced degree, to qualify for the National Interest Waiver, U.S. Citizenship and Immigration Services (USCIS) guidelines require the self-petitioner to meet the following criteria:
The self-petitioner doesn’t need to demonstrate that their endeavor has a financial benefit to the nation. It may also provide social or cultural value.
The self-petitioner must be able to provide evidence that they qualify for the EB2 visa and a national interest waiver. This includes but is not limited to:
The self-petitioner should also demonstrate to USCIS that bypassing the permanent labor certification would be beneficial to the country by showing:
The EB2 NIW process begins with filing Form I-140, Immigrant Petition for Alien Worker. While the form may appear simple, immigration law includes many detailed requirements that must be carefully addressed.
After the petition is received, applicants may be scheduled for:
If the petition is approved, the applicant can apply for a green card through consular processing or adjustment of status.
The NIW timeline is often shorter than a standard EB2 visa because the labor certification step is not required.
The NIW timeline can change, so it is important to check updates directly from the U.S. Citizenship and Immigration Services.
If you need to speak with an attorney about petitioning for an immigrant visa, we can help you. We have experience with employment-based visa petitions, including the EB-2 NIW.
Working with an immigration waiver lawyer can help you:
Contact Warren Law Firm to schedule a consultation and learn more about your options.
Call 415-362-2906
