EB2 NIW Lawyer: Choosing the Right Attorney for 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.

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.

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.

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.

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.