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EB2 -NIW

National Interest Waiver: Green Card for Top Talent

Want a Green Card Without a Job Offer?

The EB2-NIW visa offers a unique path to a Green Card without requiring a job offer, allowing you to pursue your career goals independently. Unlike other visas, it doesn't demand a million-dollar investment. Instead, eligibility is based on your qualifications and a well-structured plan for your professional future in the U.S. This visa is ideal for professionals who want to build a successful career and achieve personal growth in the United States.

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What is considered an advanced degree for the purpose of an EB-2-NIW petition?

What is “exceptional ability” for the purpose of EB2-NIW petition? What are the criteria for demonstrating exceptional ability?

What documents should I present as evidence of “exceptional ability”?

What are the differences between regular EB2 and EB2-NIW petitions?

How difficult it is to have an EB2-NIW petition approved?

Family of EB2-NIW Visa Holders:

What is a letter of recommendation for EB2 NIW?

Can I apply for EB2 NIW from outside the USA? What is the difference?

How long does it take until I submit my petition?

Can I work and travel abroad while waiting for my petition to be approved?

How long will it take to process my petition?

Can I apply for premium processing? How does it work?

Will premium processing increase my chances of approval?

How long is an EB-2-NIW green card valid for?


FAQ - Frequently Asked Questions

What is the EB2-NIW Visa?

The EB2-NIW (National Interest Waiver) visa is an immigrant visa category that allows professionals with exceptional abilities or advanced degrees to obtain permanent residency in the United States without the need for a job offer. The "National Interest Waiver" refers to the fact that the applicant can request a waiver of the labor certification requirement, provided they can prove that their admission will bring significant benefits to the United States.


Who can apply?

The EB2-NIW is intended for individuals with exceptional abilities in areas such as science, arts, or business, or those with an advanced degree (master’s or higher). To qualify, the applicant must demonstrate that their work is of substantial interest to the United States and that their project has national importance. Additionally, it is necessary to prove that waiving the job offer requirement would be beneficial for the country.


What are the criteria to demonstrate eligibility for the EB2-NIW?

To apply for the EB2-NIW, the applicant must demonstrate that they meet the criteria in one of the following two groups:

  • Advanced Degree: The applicant must have an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive experience in the field.

  • Exceptional Ability: The applicant must demonstrate exceptional abilities in their field by meeting at least 3 of the 7 criteria below:

  • Documentation showing at least 10 years of work experience in their field.

  • A license or official certification to practice their profession.

  • Evidence that they have received a significantly high salary compared to other professionals in their field.

  • Membership in professional associations that require outstanding achievements from their members.

  • Evidence of recognition for significant achievements and contributions from peers, government entities, or professional or business organizations.

  • Scientific publications, articles, or materials demonstrating their exceptional contributions to the field.

  • Evidence that their work has had a significant impact and is important in their field of expertise.


How is national interest determined?

To qualify for the National Interest Waiver (NIW), the applicant must demonstrate that their work or project has substantial merit and national importance to the United States. This means the work must positively impact a field of national relevance, such as health, education, security, technology, among others. The applicant must also show that they are well-positioned to advance in this area of interest and that granting the waiver of a job offer would be beneficial to the country, significantly promoting the development or security of the U.S.


Benefits

The EB2-NIW visa allows qualified professionals to obtain permanent residency without the need for a job offer or going through the labor certification process. This offers greater flexibility and independence for applicants. Additionally, the applicant can include their spouse and children under 21 years old in the process, allowing the entire family to legally settle in the United States.

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