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The EB-2 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.
Warren Law Firm has more than 20 years of experience maneuvering the complexities of immigration law and the expectations of immigration officials. Our firm excels at the EB-2 NIW process. Our team understand that EB-2 NIW professionals have their own areas of expertise on which to focus. Our preparation service alleviates the stress of the visa petitioning process.
This guide examines the EB-2 National Interest Waiver immigrant visa in detail, so you can feel comfortable at your initial consultation with our firm. This EB-2 NIW guide covers the following topics:
Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
“EB-2 NIW” is short for Employment-Based, Second Preference Immigrant Visa with a National Interest Waiver.
Please see our page dedicated specifically to the EB-2 visa category to learn more detailed information about the preference category. The idea behind the National Interest Waiver that it is in the United States’ best interests to give the beneficiary a visa without the employer requirements because the immigrant is so remarkable.
The EB-2 NIW is different from an EB-2 visa without the National Interest Waiver in a few ways:
In addition to meeting the EB-2 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 could be that the endeavor will offer a benefit to the United States from the perspective of a social or cultural benefit.
The self-petitioner must be able to provide evidence that they qualify for the EB-2 visa and a national interest waiver. This includes but is not limited to:
The self-petitioner of an EB-2 NIW visa petition should also demonstrate to USCIS that bypassing the permanent labor certification would be beneficial to the country. They should try to show the following:
It’s often easier to prove an advanced degree rather than an exceptional ability. The self-petitioner for a second preference employment-based immigrant visa should provide ample evidence of either an exceptional ability or an advanced degree. An immigration attorney with experience compiling EB-2 NIW petitions will help the self-petition assemble an application with enough supportive evidence.
The EB-2 NIW process begins with filing Form I-140, Immigrant Petition for Alien Worker. The form might seem simple enough to fill out for some, but there are so many complexities to immigration law, some that may even feel counterintuitive. It’s imperative to work with an experienced immigration attorney like those at Warren Law Firm.
Sometime after your visa petition is received, you will be sent notice to attend a biometrics appointment and an interview. If you are in the United States already, this will happen at a USCIS office. If you are abroad, it will happen at a U.S. consulate or embassy near you.
If your petition is approved, you can apply for your green card either through Consular Processing or Adjustment of Status depending on whether you are within the United States or living abroad.
The total wait for the EB-2 NIW immigrant visa is significantly shorter than the wait on a standard EB-2 visa because the labor certificate itself usually takes over a year. Without this extra step, the total EB-2 NIW visa wait time is closer to between several months and a year.
If you need to speak with an attorney about petitioning for an immigrant visa, we can help you. We have extensive experience with all types of immigrant visa petitions including the EB-2 NIW visa petition. We can navigate the complexities of immigration law so that you can focus on the future of your career. Contact us today to schedule a consultation.
