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EB-2 National Interest Waiver (NIW)
for Green Card Access

Achieve Permanent Residency with the EB-2 NIW

The EB-2 National Interest Waiver (“NIW”) is one of only two ways for someone who is not a US citizen to gain lawful permanent residence through an employment-based process, without a job offer from a US employer, or a large investment (EB-5), the other being the EB-1A extraordinary ability visa.

The main requirements of the EB-2 NIW are to show that the applicant proposes to engage in a professional endeavor of “national importance” for the United States, and that they are “well positioned” to advance the endeavor. 

Currently, individuals with advanced degrees and some level of success in professions related to science, technology, engineering, mathematics or human health are most likely to be approved. This pathway offers a unique opportunity to obtain a green card, allowing professionals to contribute significantly to the United States without needing a prior job offer.

  • The EB-2 National Interest Waiver has two distinct parts, the EB-2 requirements, and the National Interest Waiver requirements.
  • The EB-2 requirement: An applicant must prove that they are either a professional with an advanced degree, or an individual of exceptional ability. To do so, an individual must show that they posses either (1) an advanced degree, which is any degree above that of a US baccalaureate degree (generally a master degree or doctorate), or (2) the equivalent of a US baccalaureate degree and five years of progressive post-baccalaureate experience, or (3) “Exceptional ability”, which is shown by presenting at least three of six possible requirements, including :
    1. An official academic record showing the alien has a degree, diploma, certificate, or similar award from an institution of learning relating to the area of exceptional ability;
    2. Letters from current or former employers showing the alien has at least 10 years of full-time experience in a particular occupation;
    3. A license to practice the profession or certification for a particular profession or occupation;
    4. Evidence that the alien has commanded a salary or other compensation for services demonstratingexceptional ability;
    5. Evidence of membership in professional associations
    6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
      1. The National Interest Waiver requires showing that an individual is “well positioned” to pursue a given professional endeavor of national importance for the United States. Each case must begin with a detailed analysis of an applicant’s professional history to determine what sorts of evidence may be presented to prove that they are well positioned for a given professional endeavor. Some examples help to illustrate how this can be done :
        • An architect may present a portfolio of buildings that they have designed, to illustrate the sorts of projects that they can undertake in the United States.
        • An engineer that works in wind energy may present examples of the wind farms that they have worked on, or solar energy solutions that they have developed.
        • A researcher in a given field may present the articles that they have written, their doctorate degree, and ongoing progress in their research.
        • A software developer may present a portfolio of the software solutions they have developed, accompanied by how they have been implemented and how they have benefitted companies or end-users.
  • The National Interest Waiver also requires the applicant to present a “proposed endeavor” to the U.S. government concerning how they intend to implement their skills and knowledge, and how they will replicate their past success in similar or related future endeavors. This generally takes the form of either a personal statement or a business plan. A well crafted proposed endeavor should reference the evidence of the applicant’s skills, knowledge and record of success in detail, and present a logical plan to apply the applicant’s expertise for the benefit of the United States.
  • Allows an individual to petition for a green card without a U.S. job offer (though having one can increase the chances of approval), or sponsorship by a U.S. citizen or lawful permanent resident family member.
  • With the payment of a premium processing fee to the U.S. government, it is possible to have an initial approval in 45 days or less.
  • Individuals in a wide variety of fields can qualify, though those who work in fields of science, technology, engineering, mathematics or human health will generally have the best chances of approval.
  • The number of EB-2 National Interest Waiver applicants has greatly increased in recent years, and the government’s standards for quality of applicants in terms of education, skills, knowledge and record of professional success is very high. 
  • It is generally expected that the petition should include proof that the applicant played an important role in new, impactful or innovative projects in their field, which can require substantial effort in terms of developing the evidence to be presented.

Why choose Patriot Immigration for your Eb-2 NIW visa ?

At Patriot Immigration Law Group, we develop an individualized strategy for each client, in order to help them to assemble an EB-2 National Interest Waiver petition which meets each legal requirement, and thereby have the highest chance of approval.

Many law firms simply reproduce a standard template for each profession and insert basic information about the applicant, which can lead to denials. At Patriot Immigration Law Group, we give each client personalized attention and work directly with the client to develop a petition which accounts for all of the positive aspects of the client’s career, thus ensuring the highest chance of approval.

Our services include :

  • An in-depth strategy meeting with an attorney at the start of your case, in order to determine what sort of proposed endeavor will lead to the highest chances of approval. Followup meetings are conducted as needed to refine the strategy, depending on what type and quality of evidence the client is able to produce or obtain.
  • Developing a personalized list of documents, which will help the client to highlight the most important roles in their career, and if applicable, the most important projects that they have led, developed or taken part in.
  • Creating an application package which clearly shows how the evidence presented meets each applicable legal requirement for approval.

FAQs - EB-2 National Interest Waiver (NIW) Visa

What is the EB-2 NIW Visa?

The EB-2 NIW (National Interest Waiver) visa is a Green Card based on professional skills. It allows highly qualified foreigners – scientists, entrepreneurs, engineers, researchers or experienced professionals – to settle permanently in the United States without the need for an employer sponsor. The “National Interest Waiver” means that the applicant can apply on their own behalf if they prove that their work benefits the U.S. national interest. The strongest candidates are those who have an advanced degree in any field of science, technology, engineering or mathematics.

What are the requirements for obtaining an EB-2 NIW visa?

To be eligible, you must meet two criteria:

  1. Meet the requirements of the classic EB-2 visa, i.e. hold a higher degree (Master’s degree or equivalent Bac+5) or justify exceptional professional experience;
  2. Demonstrate that your project benefits the U.S., by proving:
    • Its substantial merit and national importance;
    • That you are well positioned to carry it out;
    • That on balance, the United States would benefit from exempting you from sponsorship by a U.S. employer.

It is an ideal visa for individuals with advanced degrees or professional success in areas relating to science, engineering, engineering or mathematics, including researchers, entrepreneurs, experts and innovators.

Does the EB-2 NIW visa provide access to the Green Card?

Yes. The EB-2 NIW visa is an immigration (not temporary) visa, which means it leads directly to the Green Card. Once the application is approved, the applicant may undergo consular processing,  to apply for an immigrant visa, and thereafter move to the United States as a permanent resident, or apply for a green card directly with USCIS if they are already in the United States.  This allows the applicant to live and work permanently in the United States, as well as the opportunity to apply for U.S. citizenship within five years.

What is the difference between the classic EB-2 visa and the EB-2 NIW visa?

The classic EB-2 visa requires a U.S. employer sponsor and certification from the Department of Labor (PERM) proving that no qualified U.S. workers are available and willing to accept the position. The EB-2 NIW visa, on the other hand, removes these two requirements: the applicant can self-petition by demonstrating that his or her proposed professional activities (their “proposed endeavor”) serves the national interest of the United States, and that they are well positioned to advance their proposed professional activities.

How long does the EB-2 NIW visa process take?

The time frame varies depending on the type of treatment chosen:

  • Currently, between 16 and 24 months on average, with standard processing;
  • Premium Processing (accelerated): Up to 45 business days, for an additional fee (currently $2,805). Once the Form I-140 is approved, the applicant can file their application for Adjustment of Status or Green Card if they are in the United States, or apply for an immigrant visa through a U.S. embassy or consulate. The entire process can take between 2 years to 4 years, depending on many factors, including processing times and visa availability.

Do you need an attorney to prepare an EB-2 NIW case?

Yes, highly recommended. The success of an EB-2 NIW is based on the quality of the evidence record: letters of recommendation, publications, achievements, diplomas, project plan, etc. An EB-2 NIW immigration attorney will be able to structure the case, draft the I-140 petition, and demonstrate the candidate’s contribution to the U.S. national interest. Strong legal support significantly increases the chances of approval.

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