For foreign nationals who want to work in the United States, they must first hold an EB-2 NIW visa. A National Interest Waiver (NIW) allows the applicants to apply for an NIW immigration petition without a labor certification or a job offer from a U.S. employer. So, an applicant can apply for a NIW petition on behalf of himself or herself.
If you have a plan to apply for an EB-2 NIW visa, you may have to know deeply what the EB-2 NIW visa is, what requirements should be met, and how much the EB-2 NIW visa costs. Thankfully! You can find information about it in our post below. Here you go!
What is an EB-2 NIW Visa?
The EB-2 NIW Visa is an employment-based immigrant visa that is intended for those of you who either have an advanced degree or exceptional ability. They use their degrees and skills to serve the national interests of the United States. With an EB-2 NIW Visa, they will be considered as a permanent resident of the United States.
Unlike a regular EB-2 visa that should be applied for by a U.S. employer, an EB-2 NIW visa can be self-petitioned, meaning applicants can apply for it themselves. Due to the additional requirements for national interest, it will be more difficult to get immigration benefits under the EB-2 NIW than the regular EB-2.
To apply for an EB-2 NIW visa, you must first file Form 1-140, which is also called the “Immigrant Petition for Alien Worker.” Without first acquiring a permanent labor (PERM) certification and without a job offer, you can file it on your own behalf.
What Are the Requirements to Apply for an EB-2 NIW Visa?
There are a number of requirements you should meet to be eligible to apply for an EB-2 NIW visa. Even though each NIW case will be set on its individual merits, the burden of proof is always on the applicant or beneficiary to decide next that exemption from the Labor Certification will be in the national interest of the United States.
The following are the requirements you should meet to apply for an EB-2 NIW visa:
1. Eligibility
To get an EB-2 NIW visa, you will have to prove your eligibility and prove that you deserve it. Make sure to demonstrate that your proposed endeavor is of “substantial merit” and national importance. Well, the substantial merit here can be shown in various different fields, including health, education, technology, culture, science, business, and entrepreneurialism.
The good news! You shouldn’t demonstrate the economic benefits of your work and do not have to affect the entire geographical area of the United States. What you should do is show that you are well-positioned to commit to your proposed endeavor and that you agree that national interest should waive the job offer.
2. Ability
In addition to demonstrating your eligibility to get an EB-2 NIW visa, you also need to demonstrate your ability, either through an advanced degree or exceptional ability.
Advanced Degree
An advanced degree can be satisfied by having any advanced degree, including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS. You can also demonstrate that you have the equivalent of an advanced degree, i.e., a baccalaureate degree plus five years of progressive work experience in your field.
Even though your case under EB2 Advanced Degree may generally be somewhat stronger with a Ph. D., this degree is not a strict requirement to meet EB2 Advanced Degree. If you apply for an EB-2 NIW visa under the advanced degree category, you must have at least one of the following:
- A diploma and transcripts demonstrating you have obtained the equivalent of a master’s degree or higher.
- A diploma and transcripts demonstrating you have obtained the equivalent of a bachelor’s degree. It can be proved by a letter from your employer that shows 5 years of post-bac work experience. The letter has to show that you improved your skill set during those five years.
Exceptional Ability
If you do not meet the requirement with an advanced degree, you can instead demonstrate your exceptional ability to apply for an EB-2 NIW visa. You can show the evidence with at least three of the following criteria:
- Official academic record that shows your degree, diploma, certificate, or similar award from a school, college, university, or other institution.
- Letters that demonstrate that you have obtained 10 years of full-time experience in your occupation.
- A certification for your occupation or a license to practice your profession.
- Evidence that shows your exceptional ability.
- Membership in a professional association.
- Documents as proof of your achievements and significant contributions to your field or industry by your professional peers, government entities, or business organizations.
- Other comparable evidence will be accepted.
3. Special Evidence
Lastly, you may need to collect evidence specifically to apply for an EB-2 NIW visa. The evidence here can include:
- Relevant data
- Academic research
- News articles or other media that demonstrate your impact on their field and the national importance of their endeavor
- Complete a project plan that demonstrates how you can advance the aims of their endeavor.
- Letters that can be written by experts in a relevant field.
- Any concrete proof of your contributions to the field.
- Resume
- Degrees
Aside from these, if you are an entrepreneurial applicant, you can include the following documents in your petition:
- Evidence of start-up capital
- Letters of intent
- Proof of contracts
While gathering the evidence, you need to ensure that you are establishing a narrative that addresses each of the three NIW criteria.
Okay, these are the requirements you should meet when applying for an EB-2 NIW visa.
How Much Does an EB-2 NIW Visa Cost?
To apply for an EB-2 NIW visa, you need to file Form I-140, which costs $700. After the Form I-140 is approved, the cost of the path forward will vary depending on where you are living.
- If you’re already living in the United States, you may have to pay the $0 filing fee for Form I-485. You also have to cover the fee for the medical exam, which can range anywhere from $200 to $400, and the $85 fee to have your biometrics taken.
- If you currently live abroad, you may have to apply via consular processing, which costs $345.
How Long Processing Time is Taken for an EB-2 NIW Visa?
Speaking about the processing time of an EB-2 NIW visa application, it will depend on where you are filing from. Generally, the Form I-140 can take from 11 to 27 months. Once you receive a notice of approval, you can then check the U.S. Department of State’s Visa Bulletin to see whether or not a green card is available.
After a visa is available, you can start to apply for the green card.
- If you are applying from within the United States, you can submit Form I-485. Depending on the location, it may take more than two years for USCIS to process your application.
- If you are applying from abroad via consular processing, you may need to wait between 4 and 6 months.
After a permanent resident card is immediately available, you can file the Form I-140 along with the green card application to save time.
To get an up-to-date estimation of processing time, you can check out the USCIS processing times tool here. If you have already filed and want to check your case status, you can simply visit the USCIS website.
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