EB-2 NIW (National Interest Waiver) Visa

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Advantages

The EB-2 NIW offers significant benefits for qualified professionals, researchers, entrepreneurs, and others whose work serves the national interest of the United States.

No Employer Sponsor Required

You can self-petition without needing an employer to sponsor you.

No Labor Certification

Bypasses the lengthy and complex PERM labor certification process.

Career Flexibility

Freedom to work in your field without being tied to a specific employer.

Entrepreneur-Friendly

Suitable for business founders and self-employed professionals.

Permanent Residency

Direct path to a green card without temporary visa stages.

Family Benefits

Spouse and unmarried children under 21 receive green cards as derivatives.

Applicant Requirements

To qualify for an EB-2 NIW, you must first meet the basic EB-2 requirements of having either an advanced degree or exceptional ability, and then satisfy the additional National Interest Waiver criteria.

Advanced Degree Qualification

• Master's degree or higher in your field, OR
• Bachelor's degree plus 5 years of progressive experience
• Degree must be relevant to your proposed endeavor in the U.S.
• Foreign degrees must be evaluated as equivalent to U.S. degrees

Exceptional Ability Qualification

• Must demonstrate exceptional ability in sciences, arts, or business
• Need to satisfy at least 3 of 6 criteria:
  - Degree relating to your area of exceptional ability
  - 10+ years of full-time experience
  - Professional license or certification
  - High salary or remuneration
  - Membership in professional associations
  - Recognition for achievements and contributions

National Interest Waiver Criteria

• Your proposed endeavor must have both substantial merit and national importance
• You must be well positioned to advance the proposed endeavor
• On balance, it must be beneficial to the U.S. to waive the job offer and labor certification requirements

Evidence Requirements

• Expert letters from recognized authorities in your field
• Publications, citations, and other evidence of your contributions
• Evidence of the impact of your work on your field or society
• Business plans, funding, patents (for entrepreneurs)
• Evidence of your unique knowledge, skills, or abilities
• Documentation showing how your work serves the national interest

Timelines

The EB-2 NIW process involves several stages, each with its own timeframe. While processing times can vary based on USCIS workload and your specific circumstances, here are general timelines to expect.

Case Preparation

2-4 months

I-140 Processing

6-12 months (standard processing)

Premium Processing

15 calendar days (for I-140 only)

Adjustment of Status

8-14 months (if in the U.S.)

Consular Processing

3-6 months (if outside the U.S.)

Total Time to Green Card

14-30 months (can be faster with premium processing)

Comparison with Other Visas

This comparison highlights key differences between the EB-2 NIW and other employment-based immigration options.

Criteria	EB-2 NIW	EB-1A	Standard EB-2
For whom	Advanced degree or exceptional ability professionals	Individuals with extraordinary ability	Advanced degree or exceptional ability professionals
Job Offer Required	No	No	Yes
Labor Certification	Waived	Not required	Required
Self-Petition	Yes	Yes	No
Evidence Threshold	Moderate (national interest)	Very High (extraordinary ability)	Moderate (job qualifications)
Processing Priority	Second preference	First preference	Second preference
Processing Time	Moderate	Faster	Slower (includes PERM)

Frequently Asked Questions

Here are the most common questions applicants ask about the EB-2 NIW process, eligibility, and benefits.

What qualifies as "national interest" for an EB-2 NIW?

National interest is determined by showing that your proposed endeavor has substantial merit and national importance, you are well positioned to advance this endeavor, and it would benefit the U.S. to waive the normal requirements. This can include work in research, healthcare, education, business, technology, arts, or other fields that benefit the U.S. economy, culture, education, healthcare, or welfare.
Do I need a job offer for an EB-2 NIW?

No. One of the main advantages of the NIW is that it waives both the job offer and labor certification requirements. You can self-petition without an employer sponsor, which makes it ideal for entrepreneurs, self-employed professionals, and researchers who want flexibility in their career.
Can entrepreneurs qualify for EB-2 NIW?

Yes. Entrepreneurs can qualify if they can demonstrate that their business venture has substantial merit and national importance, they are well positioned to advance the business, and it would benefit the U.S. to waive the normal requirements. This typically requires a solid business plan, evidence of funding, market analysis, and potential job creation.
How does EB-2 NIW compare to EB-1A?

Both allow self-petition without an employer sponsor, but EB-1A requires demonstrating extraordinary ability (a higher standard) while EB-2 NIW requires advanced degree or exceptional ability plus national interest. EB-1A has faster processing as a first preference category, while EB-2 NIW is a second preference category. EB-2 NIW is generally considered to have a lower evidentiary threshold than EB-1A.
Can I apply for EB-2 NIW from outside the United States?

Yes. You can file the I-140 petition while outside the U.S. and then proceed with consular processing for your immigrant visa at a U.S. embassy or consulate in your home country after approval.
Can my family come with me on an EB-2 NIW?

Yes. Your spouse and unmarried children under 21 can receive green cards as derivatives of your EB-2 NIW application. They will go through the same adjustment of status or consular processing as you do.

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