What does an EB2 NIW lawyer do?

An EB-2 NIW lawyer helps foreign nationals apply for an EB-2 green card through the National Interest Waiver process. The lawyer’s job is to help with petition drafting, legal documentation review, and NIW case preparation. They can review your background and determine whether you qualify for the employment-based green card.

Can I apply for EB-2 NIW without a lawyer?

Yes, you can. Many foreigners achieve a successful EB2 self-petition on their own. The NIW category is unique because it allows you to apply without employer sponsorship and without a lawyer, as long as you meet the NIW eligibility. But immigration lawyers can simplify the process, save you time, and increase the EB2 NIW success rate.

Is EB-2 NIW hard to get?

The EB-2 NIW (National Interest Waiver) is not the easiest green card to get, but it’s very achievable if you build a strong case based on the NIW category. The USCIS uses the three-prong test to ensure applicants provide substantial merit and national importance. Lawyers can provide immigration petition support, letters of recommendation, and increase the NIW approval rate.

What is the rejection rate for EB-2 NIW?

With an average success rate of 93 percent, according to the most recent available data, the EB2 NIW denial rate is currently about 7 percent. Foreign nationals who want to apply for EB2 NIW Green Card can minimize their chances of denial by working with an attorney.

What happens if my NIW petition is denied?

Your lawyer can help explore options for submitting a request to the administrative appeals office, or suggest alternative visa pathways that may be suitable for your qualifications and goals. They can guide you in addressing the reasons for the denial and strengthening your case for future applications.

What are the requirements for the NIW green card?

To be eligible for the NIW Green Card, you must have extraordinary ability and demonstrate that your proposed endeavor has both substantial merit and national importance. The evidence must be of national interest to forego the labor certification process.

Do I need a job offer to apply for the EB-2 NIW?

No, the National Interest Waiver exempt an applicant from the labor certification process usually involved in employing a foreign national in the United States. Foreign nationals must demonstrate exceptional ability and that their proposed endeavor has significant merit and is important to the United States.

How to choose the best EB-2 NIW lawyer?

To find the best immigration lawyer for your EB2 NIW application, consider checking the lawyer’s track record, reputation, responsiveness, and budget. Discuss the EB2 NIW lawyer fee structure during the initial immigration consultation to ensure it aligns with your needs. Immigration attorneys can help you avoid costly mistakes.

Can I qualify for the EB-2 Visa National Waiver with a bachelor’s degree?

It is possible to qualify for the EB-2 National Interest Waiver if you have a bachelor’s degree and no advanced degree, but you must convince the USCIS that you have exceptional ability and it would be beneficial to waive the job offer and labor certification requirement.

What are the benefits of the EB2 National Interest Waiver?

The National Interest Waiver is a self-petition, meaning you don’t have to go through the PERM labor certification process. The National Interest Waiver also doesn’t require a job offer or employer sponsorship.

What questions should I ask an EB2 NIW lawyer during a consultation?

During the EB-2 NIW lawyer consultation, ask the law firm about their experience with NIW cases, especially those involving extraordinary ability or international acclaim. Consult with immigration attorneys about how your significant contributions or future activities can benefit your green card process.

Do NIW cases with exceptional ability require a labor certification process?

No. In NIW cases, applicants with exceptional ability can skip the labor certification process. The application process focuses on the applicant’s contributions, learning relating to national interest, and how their work benefits the U.S. beyond what’s ordinarily encountered, ultimately supporting the country’s effort to protect American workers.

How much do lawyers charge for EB-2 NIW?

For a straightforward EB2 National Interest Waiver NIW application, an immigration lawyer may charge between $5,000 to $15,000 for legal fees alone depending on the complexity of the case. There may be additional costs when hiring an EB2 National Interest Waiver attorney, as the requirements for proving national importance over the labor certification requirements are extensive.

EB2 NIW Lawyer: How to Secure Your National Interest Waiver?

Applying for an EB-2 National Interest Waiver (NIW) is a very strategic pathway for people who want permanent residence in the U.S., particularly for professionals with advanced degrees or exceptional ability who want to self-petition without employer sponsorship. However, NIW petitions are extremely discretionary and are assessed with very strict standards.

This is where an EB-2 NIW lawyer comes in. These experts are well-versed in the intricacies of the EB-2 NIW requirements and the petition process and can offer in-depth guidance throughout, increasing your chances of approval.

If you are considering applying for an EB-2 NIW petition, understanding what an EB-2 NIW attorney does and how to choose the right expert for your needs will help you build a strong case.

Key Takeaways About the EB2 NIW Lawyer

The EB-2 NIW Lawyer can gather the necessary documentation, assist with case preparation and the Legal filing process, and ensure you are well prepared for the green card process.

EB-2 NIW lawyers understand the immigration laws and regulations governing this visa and will use their expertise to ensure accurate filing and reduce the risk of errors or refusals.

Typical EB2 lawyer or attorney fees range from $5,000 to $15,000, depending on the complexity of the case and the lawyer’s experience. Additional costs for filing fees and document preparation may apply.

Choose an EB-2 NIW lawyer with great communication, positive client reviews, and extensive experience with the EB-2 NIW petition process.

Benefits of Hiring an EB-2 NIW Lawyer

Here are some benefits of using an EB-2 NIW legal professional during your application process.

Strategic case building: Your EB-2 NIW lawyer will assess your background and identify the most persuasive aspects that may be of national importance and build your case around that. This is vital for approval.
Expert documentation: These experts will curate and organize all documentation, including publications, awards, recommendation letters, etc., needed to prove your extraordinary ability or advanced degree. Their job here is to translate complex niche expertise into language the USCIS officials will understand.
Personalized experience: Your lawyer will provide personalized guidance throughout your petition process. These experts understand that every NIW application is different and will devise a tailored strategy that focuses on the strengths of your application the most.
Experience in navigating Dhanasar standards: Your EB-2 NIW attorney will help ensure your petition satisfies the three-pronged Dhanasar framework, which is the requirement for proving that waiving your job offer requirement is beneficial to the U.S.
Handling large-volume evidence: These attorneys are experienced in sifting through large volumes of evidence and highlighting the most impactful items to focus on. This saves time and increases your chances of approval.

How does the EB-2 NIW work?

The EB-2 National Interest Waiver (NIW) is a second-preference, employment-based immigrant visa that allows foreigners to bypass the job offer and labor certification requirements of the standard EB-2 Visa pathway and self-petition. It is an attractive option for skilled foreign nationals with advanced degrees or exceptional ability whose work can bring both substantial merit and national interest to the United States.

The best applicants are researchers and scientists, entrepreneurs and founders, professionals with master’s degrees, public health experts, environmental experts, educators, etc. Foreign nationals can use EB-2 NIW to apply for a Green Card.

The Three-Prong Test for NIW Eligibility

The USCIS Administrative Appeals Office developed a three-pronged test to determine whether foreign nationals meet the NIW eligibility criteria under the EB-2 category.

The test determines if the applicant is:

Worth skipping the job offer and labor certification requirements: Normally, foreign nationals with an immigrant status need a job offer and labor certification to protect American workers. But if the applicant’s contributions can benefit the United States, then the EB-2 national interest can be granted.
Well-positioned to advance in their field or proposed endeavor: They can build a strong case of extraordinary ability or progressive experience that can boost the success of any future activities.
Substantial merit and national importance: Their proposed endeavor is of both substantial merit and national importance and can benefit the United States.

To fit these criteria, the applicant’s contributions should be of national importance and substantial merit. They should also have a proven and documented record of achievement and be able to provide work benefits that would contribute to the United States.

What does an EB-2 NIW attorney do?

An EB2-NIW lawyer can provide guidance throughout the NIW application process and ensure you submit a thorough and accurate application. Let’s explore what these professionals do in detail.

Case evaluation & eligibility assessment:Before filing anything, your EB-2 NIW lawyer will conduct a thorough assessment of your case against the NIW requirements. This may include confirming you qualify under the standard EB-2 category and whether your work passes the Dhanasar three-prong test. A good lawyer will be completely honest and tell you whether you qualify for this pathway and highlight any improvements you may need to make to improve your chances before filing.
Building a solid proposed endeavor strategy: One of the most critical parts of the NIW petition is defining the proposed endeavor. Your EB-2 NIW attorney will help you frame your work in a way that is of national importance, demonstrate future impact and align your overall experience with U.S. economic, technological, healthcare, environmental, or policy priorities.
Drafting petition letter: The petition letter or legal brief is the core of the NIW application and can span 15-30+ pages, as it’s basically the roadmap the adjudicating officer will use to review your case. Drafting this on your own can be tedious. Your attorney will help structure and draft this brief properly to avoid RFEs or denials.
Evidence collection and documentation: Your lawyer will guide you to collect all necessary documents, ranging from academic transcripts, publication records, intellectual property documentation, patents, etc., and anything else that may impact your case positively.
Filing form I-140 & USCIS communication: Your EB-2 NIW attorney will help you file form I-140, ensure the proper classification is selected, and correctly submit it to the correct USCIS center. They may also advise whether you would benefit from premium processing.
Responding to RFEs: Experienced NIW lawyers know how to navigate Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), which often happen in complex petition cases and offer helpful guidance. A strong RFE response can turn a weak petition into a quick approval.

How to Choose the Right EB-2 NIW Lawyer

Not all EB-2 NIW lawyers handle the process the same way. Choosing the right experts for your needs can significantly influence your final outcome. Here are some tips to guide you.

Choose a lawyer with proven EB-2 NIW experience and not just an immigration lawyer: This way, you’re sure you’re dealing with experts who fully understand the requirements and petition process. Ask questions like: how many EB-2 NIW petitions have you handled? How many approvals? How did you manage refusals? etc. This will provide an idea of what to expect.
Your lawyer should be strategy-driven: The EB-2 NIW petition process is not one-size-fits-all. Although the requirements are the same, adjudicators assess each petition holistically. Choose a lawyer who tailors their strategy to the client’s strengths instead of following a one-size-fits-all process.
Transparent fee structure: Your lawyer should be transparent about their fees. Before signing the contract, clarify whether the fee is hourly or a flat rate, and ask whether it includes potential RFE responses or appeals. Also, ask whether USCIS filing fees are separate. These will provide a clear idea of how much the service will cost you.
Great communication: The EB-2 NIW process is stressful, and you want a lawyer who openly communicates with you at every stage of the process. Look for a lawyer who offers realistic expectations and is available to communicate with you throughout, so you are always on the same page.
Positive client reviews: Although every EB-2 NIW petition case is different, you should choose the EB-2 NIW legal representative with a track record of approvals. Check for verified client testimonials and positive reviews, as these will give you reassurance that you’re in the right hands.

How much does an EB-2 NIW lawyer cost?

Why work with Global Citizen Solutions?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

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