Patricia Casaburi
Are you a highly skilled professional seeking to work and live permanently in the United States? The EB-2 Visa could be ideal for you.
The EB-2 visa allows foreign nationals with exceptional abilities and advanced degrees to work in the US. The EB-2 requires the foreign national to have employer sponsorship or permanent labor certification, which may put a halt on the immigration process.
Luckily, those that fall under the EB-2 category can apply for the National Interest Waiver (NIW). This waiver allows foreign nationals with exceptional abilities to self-petition, providing evidence that their qualifications and abilities will be of US national interest and significantly contribute to the country’s economy. <
In this ultimate guide to the EB-2 NIW program, you will learn about:
What does EB-2 NIW mean?
The EB-2 NIW (National Interest Waiver) is a visa program for foreign nationals whose skills are deemed in the national interest of the United States. EB-2 NIW is a path to a Green Card for applicants with exceptional ability or advanced degrees who seek permanent residency without employer sponsorship or a job offer. Applicants can self-petition and bypass the labor certification process.
The EB-2 NIW is a subtype of the EB-2 Visa, an employment-based immigrant visa designed for applicants with widespread acclaim and international recognition who seek to work permanently in the US. EB-2 NIW means your work is in the national interest of the United States and can pass a three-prong test. This test is a set of three criteria that focus on your qualifications, proposed endeavor, and your ability to get past the job offer requirement.
Who qualifies for EB-2 NIW?
To be eligible for the EB-2 NIW, you must demonstrate that your work is in the national interest of the United States. The process is reserved for individuals who fall under the exceptional ability category or have advanced degrees who can provide services of national importance.
The strongest candidates can include:
- Scientists and researchers
- Engineers
- Healthcare workers (surgeons, physical therapists, public health experts, etc.)
- Entrepreneurs or innovators
- Data scientists and analysts
- University professors or academics
EB2 NIW Requirements
To qualify for the EB-2 NIW (National Interest Waiver), foreign applicants must meet the underlying requirements and showcase proof of work that offers substantial merit and is in the national interest of the United States. The EB2 NIW requirements are listed below.
1. Advanced degree
To qualify under the EB2 NIW requirements as an individual with an advanced degree, you must meet the official criteria defined by the US Citizenship and Immigration Services (USCIS). It means you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive experience working in that field).
Supporting evidence
You must present supporting documentation, such as an official academic record showing that you have a US advanced degree or an equivalent foreign degree, or that you have a US baccalaureate degree or a foreign equivalent degree, and letters from current or former employers showing that you have at least five years of progressive post-bachelor’s degree working experience in the specialty.
The degree (and other qualifications in your official academic record) and/or employment experience must be relevant to the work you’ll be doing in the United States.
2. Exceptional ability
To qualify for employment-based immigration, you must be able to demonstrate exceptional ability in the sciences, arts, or business. According to the USCIS official criteria, these are defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
Supporting evidence
You must present at least three of the following requirements:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
- Letters from current or former employers documenting at least ten years of full-time experience in your occupation.
- A license to practice your profession or certification for your profession or occupation.
- Evidence that you’ve commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Membership in a professional association (or professional associations).
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, or professional or business organizations.
- Other comparable evidence of eligibility is also acceptable.
The more evidence you can provide to demonstrate your expertise, the more convincing your National Interest Waiver NIW case will be. There are many ways to prove your EB-2 NIW case, and each requires gathering specific documentation as evidence. Our experts at Global Citizen Solutions will be able to guide you and provide the best strategy based on your personal experience. If you’re interested in receiving advice or guidance, please contact one of our immigration specialists.
National Interest Waiver Requirements: The Three-Prong Test
To determine that your work and skills are of national interest to the US, you have to pass a three-prong test implemented in 2016 in the Matter of Dhanasar. You must satisfy each prong to be able to bypass the PERM certification process.
In performing this analysis, USCIS may evaluate factors such as:
- Whether considering the nature of the petitioner’s qualifications or proposed endeavor, it would be impractical either for the petitioner to secure a job offer or for the petitioner to obtain a labor certification.
- Whether even if other qualifying US workers are available, the US would still benefit from the petitioner’s contributions.
- Whether the national interest in the petitioner’s contributions is sufficiently urgent to warrant foregoing the labor certification process.
In each case, the factor(s) considered must, taken together, indicate that, on balance, it would be beneficial to the US to waive the requirements of a job offer and, therefore, of a labor certification.
The three main criteria are as follows:
1. Substantial merit
Your proposed endeavor must have the potential to bring significant benefits to the United States. The endeavor’s substantial intrinsic merit can be shown in various fields like business, entrepreneurship, science, technology, culture, health, or education. For example, this could include an affordable housing project. An affordable housing project could qualify as an eligible endeavor if it provided benefits to an area with a high concentration of low-income residents or created housing for people with disabilities, proving national importance.
While it’s good to have proof that the project could have a significant economic impact, it’s not mandatory. The project’s worth can still be proven without direct or measurable substantial positive economic effects. To meet the substantial merit requirement, you must show that it will have broader effects that go beyond just one company or organization.
2. National importance of the proposed endeavor
Your work should be in an area that holds national importance to the nation’s well-being and advancement. To decide if the project has national importance, USCIS looks at its potential future impact.
To meet this national importance requirement, you must demonstrate the “potential prospective impact” of your work. For instance, you can explain how your future work will influence your field or how the endeavor will have broader effects on the field or the US economy.
3. Well-positioned to advance the proposed endeavor
You must demonstrate that you’re well-positioned to carry out the proposed endeavor successfully. You need to provide evidence showing that the US would benefit more by waiving the job offer requirement for an EB-2 Visa.
“On balance” simply means that the benefits of waiving the job offer outweigh the benefits of not waiving it.
Here are some examples of proposed endeavors that could qualify:
- Scientific research: If you’re engaged in groundbreaking scientific research that contributes to advancements in areas such as medicine, renewable energy, or environmental conservation, your proposed endeavor could qualify for an NIW.
- Economic impact: If your work has a direct positive impact on the US economy, such as creating jobs, promoting innovation, or attracting foreign investment, it may meet the NIW criteria.
- National security: If your proposed endeavor is related to national security and helps protect the United States from potential threats, such as developing advanced cybersecurity systems or contributing to defense technology, it could qualify for an NIW.
- Healthcare: If your work is in the healthcare field and addresses critical healthcare needs, such as developing new treatments or medical devices, improving healthcare delivery systems, or conducting research in public health, it may meet the NIW requirements.
- Cultural or artistic contributions: If your work involves significant contributions to the cultural or artistic landscape of the United States, such as renowned artists, musicians, or performers, and it enhances the nation’s cultural heritage, it may qualify for an NIW.
These examples aren’t exhaustive, and each case is unique.
EB-2 Visa Application Process
Prepare your application
Send Form
I-140
Receive Notice of Approval
Apply for Green Card
Interview and biometrics
Receive your Green Card
- Prepare your application, gathering evidence to demonstrate your qualifications, such as academic degrees, awards, publications, media coverage of your work, letters of recommendation, and any other relevant documentation. Write a personal statement explaining how your work benefits the US national interest and why you qualify for the NIW.
- Complete the Immigrant Petition for Alien Worker (Form I-140) and submit it to the USCIS (US Citizenship and Immigration Services), with the supporting documents, including a detailed cover letter. Your priority date (your place in the queue to apply for a Green Card) will be assigned on the date that USCIS receives your Form I-140 petition.
- Once USCIS approves your Form I-140 petition, you will receive a Notice of Approval. This indicates that your petition has been accepted.
- Now, there are two options: If you’re already in the US with some valid non-immigrant status, apply for an adjustment of status (Form I-485). If you’re abroad, and your priority date is current, you’ll need to apply for your Green Card at a consulate or embassy (Form DS-260).
- Attend your Green Card interview and provide biometric information, such as fingerprints and photographs.
- Once your application is approved, you’ll receive your Green Card, officially known as the Permanent Resident Card (Form I-551).
Document checklist
When preparing your EB-2 NIW petition, it’s essential to include all the necessary supporting documents. While the specific requirements may vary depending on your case, here is a general checklist of required documentation:
- Academic degrees, certificates, or licenses
- Publications, research papers, or patents
- Letters of recommendation from your current or former employers
- Evidence of professional achievements and awards
- Documentation showcasing the national interest aspect of your work.
- Documentation showing that a labor certification would adversely affect the national interest.
- A petition letter drafted by an EB-2 NIW Green Card lawyer.
- Affidavits from leaders in your field
- An up-to-date resume
- Cover letter
- Evidence of important group memberships, attendance of significant conferences, publication citations, and other articles.
- A proposed endeavor or a business plan
Check out our EB-2 Visa Ultimate Guide
The EB-2 NIW Interview
An EB-2 NIW interview is a crucial step in the Green Card application process. During the interview, the USCIS adjudicator will assess the applicant’s qualifications and determine whether their work benefits the US national interest.
The interview typically lasts 30-60 minutes and covers topics such as the applicant’s education, work experience, publications, and contributions to their field.
To prepare for the interview, thoroughly review your application materials and prepare concise and articulate responses. You’ll likely be asked about your background, expertise, accomplishments, and national interest contributions. Anticipate potential questions and consider how to highlight your achievements with specific examples.
EB-2 NIW Fees and Costs
The costs for an EB-2 NIW application involve the filing fees for all the forms necessary, plus other services, such as biometrics appointments and medical examinations, for yourself and your family members.
Please note that other costs may include translation of documents, travel expenses to attend interviews or biometric appointments, legal assistance, and so on. Some of the significant costs involved are as follows:
- Form I-140: $715
- Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440 per person (reduced fees for children under 14)
- Biometric fee: $85 (if applicable)
- DS-260 filing fee: $325 per person
- Premium processing fee (optional): $2,805
EB-2 NIW Processing Time
Below, we’ll go over the processing times for an EB-2 NIW visa.
It’s important to consider that the time it takes to process an NIW green card depends on several factors, including whether there is high demand where you’re applying from and the assigned USCIS Service Center for your case.
Form I-140 can be processed in between 13 to 17 months, while it can sometimes take two years.
Once the EB-2 NIW Visa is approved, the applicant can start the green card application process. If applying from within the United States, they will need to submit Form I-485. Waiting times vary depending on the location, but it can take more than 2 years for USCIS to process the application.
If applying from abroad, it’ll take between nine and 12.5 months.
EB-2 NIW Premium processing
You can pay an additional $2,805 to expedite your immigrant visa processing or Green Card processing to just 45 calendar days.
However, it doesn’t increase your chances of approval.
Please note that premium processing only applies to the Form I-140 petition, which means that it won’t affect the length of time needed for the adjustment of status or consular processing.
EB-2 NIW approval rate
The approval rates of EB-2 NIW petitions change on a yearly basis. For years, EB-2 NIW petitions had some of the highest approval rates of approximately 93 percent.
However, in 2024, the rate of approval dropped to 43 percent with an 18 percent denial rate. Based on USCIS data, 39 percent of applicants remained in the backlog. In other words, this employment-based second preference visa has become more competitive and harder to get.
What if my EB-2 NIW is denied?
If your NIW petition is denied, you may have options for further action. You can consider appealing the decision or reapplying with a stronger case. It’s crucial to assess the reasons for the denial and consult an immigration attorney to discuss factors such as your immigration history and determine the best course of action in your situation. If your petition is denied, or you have concerns about the strength of your case, get in touch with our team of immigration specialists.
EB-2 NIW Green Card Benefits
No need for labor certification or sponsorship
A primary benefit of the EB-2 NIW Green Card is that it bypasses the traditional labor certification process. Unlike other employment-based Green Card categories that require sponsorship from a US employer, the National Interest Waiver allows you to self-petition. This means you don’t need an offer of employment or labor certification, simplifying and expediting the application process.
Family eligibility
Under the EB-2 NIW category, your spouse and unmarried children under the age of 21 may also be eligible for Green Cards, meaning your immediate family can accompany you on the path to permanent residency.
Pathway to citizenship
Once you get approved for an EB-2 NIW, you can apply for a Green Card, which makes you a lawful permanent resident in the United States. Permanent residency allows you to live and work in the country indefinitely. After meeting certain permanent residency and other eligibility requirements, you could be eligible to apply for US citizenship.
Quick processing time
The National Interest Waiver is processed quicker than the immigrant visa processing time period needed for other employment-based permanent residence (Green Card) categories. Since 30 January 2023, premium processing has been available for the EB-2 NIW category, which reduces the processing period to 45 days.
Comparing EB-2 NIW with other employment-based immigration options
EB-2 Visa vs EB-2 NIW
EB-2 NIW is a subtype of the EB-2 Visa. The main difference is that under the EB-2, foreign nationals need employer sponsorship or permanent labor certification.
To obtain permanent labor certification, an employer must:
- Complete a labor market test: This proves to the Department of Labor that there are no qualified US workers available for the position and that hiring a foreign worker would not adversely affect the wages and working conditions of US workers.
- Provide a prevailing wage determination: This ensures foreign workers are not paid less than US citizens.
Applying for the EB-2 takes time because of the policies and procedures in place for employers. Some foreign professio
The National Interest Waiver is a provision under the EB-2 visa category granted to professionals whose work is considered of national interest to the US. The EB-2 NIW allows foreigners to apply for the Green Card process and obtain permanent residency in the United States without needing employer sponsorship or permanent labor certification. The waiver eliminates certain time-consuming steps and streamlines the process for highly skilled individuals.
EB-1A vs EB-2 NIW
Even though the two visas share some similarities, for example, Both the EB-1A and EB-2 National Interest Waiver (NIW) can be self-petitioned applications and don’t need to be sponsored by a US employer, they’re distinct pathways for different types of immigrants.
The EB-1A Visa is reserved for individuals with exceptional ability, outstanding professors and researchers, and multinational executives or managers.
Meanwhile, the EB-2 NIW is specifically for professionals with advanced degrees or exceptional ability who can demonstrate that their work is in the national interest of the United States.
The requirements are very different, and the process of preparing an application for these two classifications varies greatly. This means that it may be likely that you could qualify for EB-2 NIW but not for EB-1A.
The EB1-A has the most stringent requirements among all Green Card categories, making it inaccessible for many applicants. EB-1A is the category for those who can be considered individuals with exceptional ability in their field and have risen to the top of that field.
Meanwhile, for the National Interest Waiver petition, the proposed endeavor must have both substantial merit and national importance. Additionally, the applicant must prove that he/she is well positioned to advance the proposed endeavor and prove that it would be beneficial to the US to waive the job offer and labor certification requirements.
Lastly, the processing wait time if you choose the premium option for the EB-2 National Interest Waiver is 45 days; for the EB-1A, it’s 15 days.
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 the EB2 NIW
What is the EB-2 NIW?
The EB-2 National Interest Waiver (NIW) is a provision under the EB-2 Visa that allows highly skilled foreign nationals to apply for a Green Card without a job offer or labor certification. It is an exceptional ability visa for people whose skills are deemed in the national interest of the US.
Is it difficult to get an EB-2 NIW?
Yes, the EB-2 NIW can be a very hard visa to get, especially if you can’t build a very strong case. Although you can apply on your own behalf, you need detailed evidence to demonstrate national importance. The USCIS evaluates every case using strict criteria based on a three-prong test.
How much does EB-2 NIW cost?
For the EB-2 NIW, you pay several filing fees with the USCIS, including $715 for Form I-140, $1,440 for Form I-485, $85 for biometrics, and $325 for DS-260. If you want the USCIS officers to process an I-140 in 45 days, you can pay $2,805 for premium processing.
Can I apply for EB-2 NIW without a job?
Yes, self-petitioners can apply for the EB-2 NIW. They don’t require an employer to sponsor their application.
Foreign nationals must demonstrate that they can contribute with work of national importance to the US (or even global implications), either by having an advanced degree or presenting work of substantial merit.
What does NIW stand for in EB2 NIW?
NIW stands for National Interest Waiver (NIW), which waives the labor certification requirement for foreign nationals, allowing an applicant to self-petition for a Green Card without employer sponsorship. The regular EB-2 Visa requires labor certification and employer sponsorship.
What are the requirements for EB2 NIW eligibility?
The EB-2 National Interest Waiver (NIW) is open to individuals who are foreign nationals with exceptional abilities or advanced degrees (such as a master’s degree or a PhD) who can demonstrate that their work is in the national interest of the United States.
Applicants must show substantial merit, national importance, and be well-positioned to advance the proposed endeavor.
How do I prove exceptional ability for an EB2 NIW petition?
To prove exceptional ability for the EB-2 NIW petition, you must meet three of the six criteria of exceptional ability. These include academic records relevant to your field (like an advanced degree), ten years of experience, professional license or certification, high salary, recognition of achievements, or professional association membership.
What is the difference between EB2 and EB2 NIW?
The EB-2 is an exceptional ability visa or a visa for professionals with advanced degrees. To qualify, the applicant needs a job offer and a PERM labor certification process.
The EB-2 NIW (National Interest Waiver) is a subtype of the EB-2 Visa. It is more focused on the national interest of the United States and is suitable for individuals with strong qualifications and contributions without the need for a job offer or PERM.
What is the current EB2 NIW approval rate?
For a long time, the EB2 NIW had one of the highest approval rates. But in 2024, the number of approved applicants took a downward spiral, with an average approval rate of 43 percent, an 18 percent denial rate, and 39 percent of cases pending. An immigration attorney can help you build a strong case and reduce the risk of failure.
What increases your chances of EB2 NIW approval?
To increase your odds for the EB-2 NIW, you must pass all three prongs of the Matter of Dhanasar test. You must provide evidence; for example, the first prong demands a proposed endeavor of national importance, the second prong requires you to be well-positioned in your field with progressive experience, and the third prong test waives the job offer and labor certification requirement.
What is the EB2 NIW premium processing time?
The average processing time for EB-2 NIW varies on a case-by-case basis. In most cases, Form I-140 takes 13 to 17 months to process. With EB2 NIW premium processing, this form gets processed in 45 days. It costs $2,805.
Is the EB2 NIW suitable for startup founders or investors?
Yes, startup founders and investors can receive an EB-2 NIW if they prove their work is of national interest to the United States. Their business venture should promote economic growth, job creation, and develop cutting-edge solutions in different fields, like cybersecurity, healthcare, etc.
Can I include my spouse and children in my EB2 NIW application?
Yes, immediate family members can join you. Your spouse and unmarried children under 21 can be included in the EB-2 NIW application. Your children can apply for an E-22 immigrant status, while your EB2 NIW spouse can receive an E-21 immigrant status, and both can eventually receive a Green Card.
Do I need an immigration lawyer to apply for the EB-2 NIW?
It’s not obligatory to hire a specialized immigration lawyer, but it’s strongly recommended. The immigration lawyer will provide EB-2 NIW Green Card application tips, help you craft a strong petition for the National Interest Waiver, and more.
