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.
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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.
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Frequently Asked Questions About Hiring an EB-2 NIW Visa Lawyer
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.