The EB-2 National Interest Waiver (NIW) is an attractive option for a green card (permanent residence) in the United States. Applicants with exceptional ability or an advanced degree can immigrate without a job offer, as long as their work benefits the country’s national interest.
However, many applicants struggle to obtain an EB2 NIW due to the strict eligibility criteria, immigration law, and time-consuming application process. The EB2 NIW Lawyer can collect the necessary documentation and ensure you are well-prepared for the green card process.
Immigration law firms can boost the success rate for NIW cases and make sure foreign nationals are well-positioned to start their journey in the United States.
Keep reading to learn about:
Why choose the EB-2 NIW?
The EB-2 National Interest Waiver (NIW) is a second-preference, employment-based visa. Foreign nationals can use EB-2 NIW to apply for a green card.
The EB2 NIW offers many benefits, such as:
- No job offer requirement
- Faster processing than the labor certification process
- No employer sponsorship required
- Ability to self-petition without losing the EB2 green card
- More flexible for foreigners with a proven record
The EB2 NIW is an attractive option for skilled foreign nationals with advanced degrees or exceptional ability, whose work can bring both substantial merit and is of national interest. The best applicants are researchers and scientists, entrepreneurs and founders, professionals with master’s degrees, public health experts, environmental experts, educators, etc.
What is a National Interest Waiver (NIW)?
The National Interest Waiver (NIW) is a provision within the immigration system available only to qualified foreign nationals. When you apply for a national interest waiver, it means you can avoid meeting the job offer and labor certification requirements because your work is of national importance.
The National Interest Waiver allows you to self-petition without the lengthy labor certification process. However, the EB2 NIW petition must include specific government forms, such as: Form ETA-9089, Final Determination, and Form ETA-9089, Appendix A.
Eligibility Criteria for the EB-2 NIW
The EB-2 NIW is an employment-based visa provided to two categories of applicants:
- Foreigners with exceptional ability in fields of national importance (i.e., athletics, business, medicine, arts, science, etc).
- Foreigners with an advanced degree or similar achievement (i.e., master’s degree or bachelor’s degrees with five years of progressive experience).
The EB-2 NIW would benefit the United States by waiving the usual job offer and labor certification requirements.
Specific Requirements for the National Interest Waiver (NIW)
To meet the NIW eligibility criteria, applicants must have an exceptional ability or an advanced degree.
Exceptional ability means foreign nationals are at the top of their field. They should have at least three of the following criteria:
- A professional license
- Membership in professional associations
- Official academic record
- Track record of significant contributions in their field
- Letters indicating full-time experience lasting at least ten years
An advanced degree means having a master’s or higher degree. Foreign nationals can also provide a bachelor’s degree with five years of progressive experience in their respective industry.
To fit the following criteria, the applicant’s contributions should be of national importance and substantial merit. They should also have a proven record of achievement and be able to provide work benefits that would contribute to the United States.
For example, the applicant’s business plan can create jobs for American workers in an economically devastated region. Or providing an official academic record showing your knowledge can support U.S. public health and innovation.
The Three-Prong Test for NIW Eligibility
The USCIS Administrative Appeals Office created a three-prong test to establish whether foreign nationals meet the NIW eligibility criteria under the visa NIW 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.
How can an EB2 NIW lawyer help?
Applying for an EB-2 National Interest Waiver (NIW) green card is time-consuming and challenging. An EB2 lawyer can provide legal representation and make sure you are well-prepared.
The EB-2 lawyer can help with:
- Immigration laws and regulation policies
- Case preparation
- Legal filing process
- Following the criteria set by the U.S. government
- Filing the necessary documentation (i.e., recommendation letters, awards, publications, premium processing forms and fees, evidence of exceptional ability and contributions)
- Developing a legal strategy
- Communication with the USCIS (US Citizenship and Immigration Services)
EB2 NIW Lawyer Fee
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.
The USCIS filing fee is $1,015 for the EB-1A I-140 PETITION or EB-1B I-140 PETITION respectively. You can apply for premium processing for $2,805 to speed up the processing time.
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.
