Patricia Casaburi
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.
Check out our EB-2 NIW Ultimate Guide
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 US 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 immigration 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.
Review your qualifications
EB-2 lawyers can guide you through the immigration laws and regulation policies. They guide you through the most suitable Green Card application route and develop a legal strategy that best suits your case.
Case evaluation and preparation
Immigration attorneys compile the strongest piece of evidence, so you are more likely to get approved from basic requirements like a bachelor’s degree or a master’s degree to letters of recommendation, publications (like journal articles, books, and patents), and client success stories.
Petition filing
Immigration attorneys can help you file all the petitions and streamline processes with the USCIS (US Citizenship and Immigration Services). That includes I-140 (Immigrant Petition for Alien Worker), adjustment of status (I-485), and consular processing.
If the USCIS requires additional information, the law firm can find what’s missing, navigate every loophole, and make sure your NIW petition is well-prepared, which can aid processing times.
Interview training
Most of the time, the USCIS will require you to do an interview when you are applying for adjustment of status (within the country) or consular processing (abroad).
The law firm can prepare mock interviews and coach you on how to give the best answers. Lawyers can train you on how to present yourself, structure your responses, and use your body language to your advantage. This creates significantly higher chances for approval.
Post-approval support
Even after you get your Green Card, immigration attorneys can track the constantly evolving policies and keep you up to date, especially if you have limited English proficiency or find paperwork difficult to navigate.
EB2 NIW Lawyer Fee
The EB2 NIW lawyer fee can vary from $5,000 to $15,000 depending on the lawyer’s location, experience, and case complexity. Some lawyers charge flat fees, while others offer hourly rates. Other than the attorney fees, you will also pay USCIS filing fees ranging from $715 to $1,440 or more.
The USCIS fees are non-refundable and must be covered when you apply. The main costs include Form I-140 ($715), Form I-485 ($1,440), and the Biometric fee ($85). You can pay $2,805 for premium processing to expedite the application process. Other expenses, such as medical examination, document translation, certification, etc., may also be included.
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.
Frequently Asked Questions About Hiring an EB2 NIW 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.
Do I need a lawyer for the EB2 NIW petition?
No, immigration lawyers are optional. 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 requirements. But immigration lawyers can simplify the process, save you time, and increase the EB2 NIW success rate.
How do I choose the best EB2 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.
Are EB2 NIW lawyers worth the cost?
Yes. If you have no idea how to prove both substantial merit or national importance, then lawyers can definitely be worth it. The lawyer can increase your success rate and compile evidence that meets all the criteria for exceptional ability or advanced degrees.
What questions should I ask during the first EB-2 NIW lawyer consultation?
During the EB-2 NIW lawyer consultation, ask the law firm about their experience with NIW cases, especially those involving the “three-prong test”. Consult with immigration attorneys about how your significant contributions or future activities can benefit your Green Card process.
Do EB2 NIW lawyers guarantee approval?
No, immigration lawyers can’t guarantee you’ll get accepted, but they will drastically increase your approval rate. They will help you build the best possible case that aligns with the requirements determined by the USCIS (US Citizenship and Immigration Services).
What documents will my EB2 NIW lawyer need from me?
The EB-2 NIW petition requires different documents that prove you meet the “three-prong test”. The lawyer can ask you to give them your resume (CV), academic records, letters from current or former employers, patents, etc.
Do EB2 NIW lawyers help with RFE (Request for Evidence) responses?
Yes, immigration lawyers will make sure your endeavor is research-based and describe how your current situation puts you in a unique position to advance your case. They can suggest different ways to address your RFE and increase your success rate.
How much does an EB2 NIW lawyer charge?
For a straightforward National Interest Waiver NIW application, the average EB2 NIW lawyer fee varies from $5,000 to $15,000, depending on the complexity of the case. Some charge hourly rates, while others prefer flat fees.
Are there additional costs beyond the EB2 NIW lawyer's fee?
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.
Is there a difference in fee between solo lawyers and immigration law firms?
In some cases, yes. There can be differences in attorney fees between those who work solo and those who are a part of a larger corporation. Well-established companies that rent larger offices, spend more on marketing, and have administrative staff often cost more.
Can I get a refund if my EB2 NIW petition is denied?
No. The USCIS doesn’t give refunds on its application fees. But 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.
Is EB-2 NIW hard to get?
The EB-2 NIW (National Interest Waiver) self-petitions have recently become harder to get. It isn’t easy because the USCIS uses stricter criteria. For example, the approval rate for the NIW category reduced from 80 percent in 2023 to about 43 percent in 2024, with denials increasing. That means there are significant backlogs and waiting times.
What is the rejection rate for EB-2 NIW?
From 2018 to 2023, approval rates for EB2 NIW were 96 to 97 percent. But, not anymore. In 2024, the approval rate decreased to 43.31 percent, with the EB2 NIW denial rate reaching a staggering 17.71 percent. Foreign nationals who want to apply for EB2 NIW Green Card can minimize their chances of denial by working with an attorney.
Do I need a job offer to apply for the EB-2 NIW?
No, there is no job offer requirement for EB-2 NIW. You can self-petition without going through a long PERM labor certification process. This is one of the main advantages of this immigrant visa. Lawyers can provide immigration petition support, letters of recommendation, and increase the NIW approval rate.
