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EB-2 National Interest Waiver 

What is the EB-2 National Interest Waiver (NIW)?

EB-2 is a United States employment-based immigrant visa second preference category. Different than the regular EB-2 immigration petitions, National Interest Waiver petitions do not require a labor certification and a job offer in the U.S. Thus, an applicant may be qualified for the EB-2 NIW even without a permanent job offer in the U.S.

 

Who may be qualified for EB-2 NIW?

Any person with exceptional ability or have an advanced degree may be qualified for EB-2 NIW provided that he can also satisfy the following three-prong test:

  • The applicant’s proposed work has both substantial merit and national importance;

  • The applicant is well-positioned to advanced the proposed work; and

  • On the balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

 

What are the advantages of applying EB-2 NIW?

  • Labor Certification is not needed: Unlike other employment-based immigrant visas, the applicants of EB-2 NIW are not required to go through the Labor Certification process to show a shortage of U.S. workers in the labor market.

  • Fast process: comparatively speaking, EB-2 NIW processing time is shorter than other employment-based immigration processes because it waives the lengthy Labor Certification process.

  • Employer Sponsorship is not required: EB-2 NIW applicants are not required to have sponsorship from their current or prospective employers. Therefore, they are not tied to one employer, and change of jobs is totally possible (although the new job must still be meet the “substantial merit” and “national interest” requirement).

  • The job offer is not required: EB-2 NIW applicants can file their application without having a job offer from a U.S. employer.

  • EB-2 NIW has a lower threshold than EB-1A: EB-1A Employment-based visa requires the applicants to provide that he/she satisfies 3 of the 10 “extraordinary ability” criteria. Compare to EB-1A, EB-2 NIW eligibility requirements are less burdensome. Because of that, EB-2 NIW approval rates are significantly higher than EB-1A applications.

 

What is the EB-2 NIW Processing Time?

Generally, the USCIS will take 9.5 months to 12.5 months to process your application. This time range is how long it is taking USCIS to process your case from the date they received it. Unlike other types of employment-based visas, premium processing is not available for EB-2 NIW visas. Nonetheless, if the priority date for your country is current and you are physically present in the United States in lawful status at the time of filing your main application, you are also able to file your Application for Adjustment to Permanent Resident Status along with your work permit application and travel permit application.

 

What is the Priority Date?

Generally speaking, an EB-2 NIW applicant cannot file his Application for Adjustment of Status (if he/she lived in the U.S.) or Application for Consular Processing (if he/she lived outside the U.S.) until his priority date becomes current. For EB-2 NIW applicants, the priority date is the date an immigration petition is received by USCIS. The priority date is not established until USCIS approves the immigration petition.

 

What are the application fees? (subject to change)

  • Form I-140 Filing Fees: $700

  • Form I-485 Adjustment of Status including Form I-131 Application for Travel Document and I-765 Application for Employment Authorization: $1,225 per person greater than 14 years old; $750 per person under 14 years old

  • Expert Opinion Letter fees: Approximate $600-$900

  • Academic Evaluation fees: Approximate $ 300-500

  • Translation fees: Approximate $500-$1,000

  • Medical Exam fees: Approximate $450-$800

 

What services does AllBelief Law Firm provide?

  • We will provide you with a completed document list for all of the documentation needed for EB-2 NIW Petition.

  • We will help you prepare and organize the documentation.

  • We will provide clear answers to any questions you may have for your petition.

  • We will help you edit your current Resume.

  • We will help you sort out the documents need to be translated.

  • We will help guide you to complete Academic Evaluation and Expert Opinion Letter drafting.

  • We will create a questionnaire for you to send to your supporting person to gather facts for the Supporting Letters.

  • We will draft 3 Supporting Letters for your petition.

  • We will draft a professional plan tailored exclusively for your proposed work.

  • We will analyze your credentials and contributions in your field, prepare a legal argument, emphasize your expertise, and draft a Petition Letter.

  • We will complete and file Form I-140, and any other forms and services you purchased.

  • We will help you respond to government questions and prepare you for your in-person green card interview.

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