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EB2 NIW

Self Petitioning for a Green Card

The EB2 National Interest Waiver (NIW) allows foreign nationals to self-petition for an employment-based immigrant visa. It is mainly for highly qualified applicants whose work aligns with the United States’ national interests.

Inspira Immigration Law is a trusted law office that helps immigrants petition for green cards, citizenship and humanitarian visas. Our guide will help you learn more about the EB2 NIW visa so that you can feel comfortable during your initial consultation with our experienced lawyer Leonelba Martinez. We’ve outlined the EB2 NIW visa’s benefits, specific requirements, and application process.

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What is EB2 NIW?

EB2 NIW, or Employment-Based Second Preference National Interest Waiver, allows immigrants to bypass job offers and labor certification requirements. This sets it apart from other employment-based green cards like the EB2 visa. The applicant is self petitioning for a green card, so they can be both the petitioner and the beneficiary, giving them more control over their immigration journey.

What are the differences between EB2 NIW and EB2?

  • EB2 visa requires labor certification, or a job offer from a U.S. employer.
  • EB2 NIW visa waives the job offer requirement if the applicant can prove their work benefits the national interest of the U.S.
EB2 NIW vs EB2 - Inspira Immigration Law

EB-2 NIW Visa Requirements

1. EB2 Visa Criteria:

  • An advanced degree equivalent to a U.S. master’s or higher.
  • Exceptional ability in your field, significantly above your peers.
  • A bachelor’s degree with 5 years of experience can also suffice.

2. NIW Visa Criteria:

According to USCIS guidelines, you must satisfy the following criteria so that your job offers and/or labor certificate are waived:

  • National interest – Your work must have evident potential to benefit the U.S. at the national level, whether it be cultural enrichment, technological innovations, or solving critical societal issues.
  • Exceptional ability – Whether in STEM, healthcare, arts, or entrepreneurship, applicants must demonstrate the importance and relevance of their contributions.
  • Advanced degree– You should provide evidence of your ability to pursue and succeed in your proposed endeavor. Examples include endorsements, past achievements, and recognition from leading experts.  Specific evidence includes:
      • A detailed proposal with substantial merit and national significance.
      • Letters of support from clients, investors, or industry leaders.
      • Proof of skills or background relevant to your project.

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EB-2 NIW Visa Requirements

Step 1: Prepare Form I-140

Submit Form I-140 (Immigrant Petition for Alien Worker) and other evidence supporting your eligibility under EB-2 NIW requirements.

Step 2: Collect Supporting Documents

Show how your work benefits United States by providing documentation of your qualifications:

  • Academic records
  • Work history and accomplishments
  • Letters of reference

Step 3: Biometrics & Interview

After submitting your petition, USCIS will notify you to take an interview and a biometrics appointment.

Step 4: Wait for Petition Approval

Once processed, USCIS will approve or deny your petition. If approved, you can move forward with applying for a green card.

Step 5: Choose Adjustment of Status or Consular Processing

  • If you’re already in the U.S., you can file an Adjustment of Status.
  • You’ll undergo Consular Processing at a U.S. embassy or consulate if you’re abroad.

EB2 NIW Visa Processing Times

The EB2 NIW visa has a shorter wait time than a regular EB2 visa. By bypassing the labor certification process (1 year), applicants can anticipate processing times between several months and a year.

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Plan on self petitioning for a green card? Our team of immigration lawyers will ensure your application process is stress-free. Schedule a consultation with Inspira Immigration Law so we can help you focus on your future!

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