The EB-2 NIW visa (Employment-Based Second Preference National Interest Waiver) allows foreign nationals with advanced degrees or exceptional abilities to bypass the job offer and labor certification requirements if their work benefits the national interest of the United States.
Who qualifies for the EB-2 NIW visa?
The EB-2 National Interest Waiver (NIW) visa is designed for foreign nationals with extraordinary ability, advanced degrees, or expertise in fields of national importance. To qualify, applicants must demonstrate they meet eligibility criteria such as substantial merit in their field and a degree of expertise significantly above that ordinarily encountered in the sciences, arts, business, or, occasionally, athletics. The waiver allows applicants to bypass the labor certification process, which typically requires proving the unavailability of qualified US workers for the role.
Eligible applicants often include:
- Entrepreneurs who contribute to the national economy
- Healthcare workers, especially those who work in highly specialized fields
- Engineers innovating in ways that benefit cities
- Educators and academic professionals conducting influential research
EB-2 NIW visa requirements
To qualify for the EB-2 NIW visa, applicants must typically meet the following requirements:
1. An advanced degree
The applicant will need an advanced degree or its foreign equivalent. This could be a US bachelor’s degree, master’s degree, or baccalaureate with five years of progressive experience. The applicant will need to provide official academic records confirming their degree, plus letters from employers verifying at least five years of full-time work experience. In some cases, a doctoral degree or the foreign equivalent may be required.
2. Exceptional ability
The applicant will need to demonstrate their ability in sciences, arts, or business is significantly above what is usually seen in their field. That typically means fulfilling at least three of these criteria:
- Exceptional educational credentials
- 10 or more years of professional experience
- Professional license or certification
- Evidence of high salary
- Membership in professional associations
- Peer recognition for contributions to their field
EB-2 NIW vs other visa types
The EB-2 NIW falls under the immigrant visa category. Even though it’s an employment-based visa, it’s unique in that it allows applicants to bypass the usual job offer and labor certification requirements. Here’s how it compares to similar visa categories:
EB-2 NIW vs EB-2 visa
The EB-2 NIW visa is a subcategory of the EB-2 category.
An EB-2 visa generally requires a job offer and labor certification, proving that no qualified US workers are available for the position, while the EB-2 NIW waives this requirement for individuals whose work has national importance or substantial merit.
EB-2 NIW vs EB-1 visa
The EB-1a visa is designed for individuals with extraordinary ability in their field, such as those who have achieved significant recognition or awards. Unlike the EB-2 NIW, the EB-1a requires a higher level of international recognition. Both visas can bypass the labor certification process, but the EB-1a visa takes a more stringent approach to evidence of achievement.
Benefits of the EB-2 NIW visa
The EB-2 NIW visa offers several unique benefits compared to other employment-based visas. Here are the key advantages:
- No PERM certification: One of the biggest benefits is that EB-2 NIW applicants do not need a PERM certification, which is required in other visa categories. This means they can bypass the labor certification process, where the Department of Labor (DOL) makes sure that no qualified US workers are available for the job.
- No employer sponsorship required: Unlike many employment-based visas, the EB-2 NIW allows applicants to self-petition. They don’t need a US employer to sponsor their application, giving them more control over the immigration process.
- Flexibility for entrepreneurs and professionals: Since there is no US employer sponsorship requirement, entrepreneurs and professionals with unique contributions to the US economy can apply independently, making the visa more accessible for innovators and leaders.
- Path to permanent residency: The EB-2 NIW visa is an immigrant visa, meaning it provides a direct path to a green card and permanent residency for successful applicants.
How to apply for an EB-2 NIW visa
The EB-2 NIW visa application process involves several key steps. Applicants can choose between adjustment of status if they are already in the U.S., or consular processing if they are applying from abroad. Here’s an overview of the process:
1. File Form I-140: The first step is to submit an Immigrant Petition for Alien Worker (Form I-140) to US Citizenship and Immigration Services (USCIS). Along with the I-140 petition, the applicant will need to provide evidence supporting their qualifications and the national interest waiver. These documents include proof of their advanced degree or exceptional ability, and evidence that their work will benefit the US economy.
2. File for adjustment of status: If the applicant is already in the US on another visa category when their EB-2 NIW visa is approved, they can then file for an adjustment of status to permanent resident using Form I-485.
3. Continue with consular processing: If the applicant is outside the US, the next step is to schedule an appointment at their nearest US consulate or embassy, where they’ll need to appear with written copies of their visa application and supporting documents.
4. Receiving a green card: The final stage of the visa process is receiving a green card, which can happen anywhere from a few months to a few years after the initial EB-2 NIW visa approval.
How to provide evidence for national interest
To successfully apply for an EB-2 NIW visa, the applicant must demonstrate that waiving the standard labor certification requirement is in the national interest of the US To do this, applicants must submit compelling evidence regarding their proposed endeavor. Here are some ways to provide strong evidence:
- Describing their work: The applicant must clearly outline the nature of their work and how it will benefit the US. Their proposed endeavor should be of national importance—for example, contributing to public health, technology innovation, or economic growth.
- Letters of recommendation: Letters from recognized experts in the applicant’s field can help support their case. The letters should attest to their qualifications, the importance of their work, and how it aligns with the national interest. They provide third-party validation that can strengthen their NIW petition.
- Evidence of merit and impact: The applicant will need to submit documentation showing the significance of their work, such as publications, patents, awards, or contributions to projects of national importance.
Frequently asked questions about the EB-2 NIW visa
Still have questions about the EB-1 NIW visa? Learn more in the FAQs below.
How much does an EB-2 NIW visa cost?
The costs of an EB-2 NIW visa varies depending on the applicant’s home country. Costs to apply include filing fees, fees for medical exams, consular processing, and adjusting status. For those who choose to work with an immigration attorney, there may also be legal fees involved.
How long does it take to get an EB-2 NIW visa?
The processing time for an EB-2 NIW visa can vary depending on the case and the service center handling the petition. Typically, it can take several months to over a year for USCIS to process Form I-140, and another several months for a green card to become available. Applicants can opt for premium processing, which expedites the review process, though it is not always available for EB-2 NIW cases.
Is the EB-2 NIW visa a path to permanent residency or citizenship?
Yes, the EB-2 NIW visa is a direct path to becoming a lawful permanent resident. As soon as the Department of State Visa Bulletin shows that an applicant’s I-140 petition is approved, they can proceed with their green card application. This visa also sets applicants on the path to become US citizens, should they so choose, through employment-based immigration programs.
How can EB-2 NIW applicants increase their chances of approval?
To improve the chances of EB-2 NIW approval, applicants should work with an attorney experienced in US immigration law. This ensures that the application meets all legal requirements and that the case is presented effectively.
Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.