EB-2 National Interest Waiver (NIW): A Comprehensive Guide
There are several advantages to choosing the EB-2 green card category as your path to U.S. permanent residency. One of the most sought-after benefits is the National Interest Waiver (NIW) option, which allows applicants to bypass both the job offer requirement and the lengthy labor certification process.
The traditional labor certification (PERM) process can be time-consuming and involves multiple steps: obtaining a job offer from a U.S. employer, securing a prevailing wage determination, filing the PERM application with the Department of Labor (DOL), waiting for approval, and only then moving forward with an I-140 petition through USCIS. After I-140 approval, applicants may apply for adjustment of status if they are in the U.S., or go through consular processing abroad.
By contrast, the EB-2 NIW self-petition streamlines this process, eliminating many of these steps. Below, we explain the EB-2 NIW process, eligibility requirements, fees, and what evidence is needed for a successful petition.
EB-2 NIW Self-Petition Process
Filing for an EB-2 NIW involves submitting Form I-140, Immigrant Petition for Alien Workers, along with substantial supporting documentation. The NIW pathway gives you the ability to self-petition without the need for a sponsoring U.S. employer or a job offer, allowing you to bypass the PERM certification stage.
EB-2 NIW Eligibility Criteria
To qualify for an EB-2 NIW, applicants must first meet the baseline EB-2 requirements under one of the following subcategories:
- Advanced Degree: Possession of a degree beyond a bachelor’s (such as a master’s or doctorate, or foreign equivalent).
- Exceptional Ability: Demonstrating a high level of expertise in the sciences, business, or the arts.
In addition, applicants must show that their proposed work or endeavor holds substantial national importance. Examples of qualifying contributions include:
- Boosting the U.S. economy
- Enhancing national security
- Advancing U.S. healthcare or medical research
- Improving education and workforce training programs
- Supporting cultural or artistic contributions with nationwide benefits
- Promoting environmental protection or natural resource conservation
- Strengthening international cooperation and understanding
It is important to note that your proposed endeavor does not need to benefit the entire United States. For example, creating significant job opportunities in a struggling local economy can also demonstrate national importance.
EB-2 NIW Eligibility Criteria
When filing Form I-140, applicants should include strong supporting evidence, which may consist of:
- A detailed resume or CV
- Educational degrees and transcripts
- Awards, patents, or professional licenses
- Publications, research papers, and citations
- Documentation of completed projects or data analysis
- Letters of intent, contracts, or proof of funding (especially for entrepreneurs)
USCIS officers will review each petition individually, considering whether the applicant is well-positioned to carry out their proposed work. Factors include:
- Education and specialized knowledge
- Past achievements and contributions
- Professional track record and recognition
- Strategic action plans for achieving stated goals
EB-2 NIW Fees
Applicants filing under the NIW category must pay the following government fees:
- Form I-140 filing fee: $700
- Adjustment of Status (Form I-485): Filing fees vary based on age, plus a biometrics fee of $85 and medical exam costs.
- Consular Processing: $345 fee for applicants living abroad.
In addition, there will be legal service fees if you choose to work with immigration attorneys at Green Card Link to prepare and file your petition.
Frequently Asked Questions About EB-2 NIW
Can I apply for EB-2 NIW on my own?
Yes. The NIW category allows for self-petitioning. However, due to the complex evidence requirements, it is strongly recommended to work with experienced immigration attorneys at Green Card Link to maximize your approval chances. Poorly prepared petitions often result in Requests for Evidence (RFEs), which can cause significant delays.
How do I file an EB-2 NIW petition?
You will need to file Form I-140 with USCIS, supported by extensive documentation proving eligibility and national importance.
What are the chances of EB-2 NIW approval?
According to USCIS data, the approval rate for EB-2 NIW petitions has been strong. In FY2023, the approval rate was around 86%.
What are the main benefits of EB-2 NIW approval?
The most significant advantage is the ability to bypass the labor certification process, saving time and avoiding dependency on a sponsoring employer.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have successfully secured EB-2 NIW green cards for countless applicants. The team provides personalized guidance, prepares comprehensive petitions, and ensures all supporting evidence is properly documented to strengthen your case.
Schedule a consultation today with an immigration attorney at Green Card Link to start your EB-2 NIW journey with confidence.