Why apply for the EB-2 NIW?
The EB-2 National Interest Waiver (NIW) is an immigrant visa, which grants successful applicants permanent residency (a green card) in the U.S.
If you get the EB-2 NIW, your spouse and your unmarried children under the age of 21 may get green cards as your dependents.
At a time when the PERM process for a regular EB-2 green card is extremely onerous, the EB-2 NIW is a faster and safer way to obtain permanent residency, especially for people in the tech industry with advanced degrees. No matter where you are in the world, even without a job offer from the U.S., you may still apply for the EB-2 NIW.
If you are interested in exploring the EB-2 NIW path to a green card, please fill out the form at the bottom of this page for a free consultation with us here at ERL.
What do you need to apply for an EB-2 NIW?
Supporting materials, paperwork, and fees
No Sponsor Needed!
One of the greatest advantages of the EB-2 NIW is that you do not need a sponsor or a job offer. In other words, you can apply all by yourself (self-petition), no matter where you are in the world and regardless of your current employment status.
Form I-140
The EB-2 NIW is relatively light on paperwork, but Form I-140 and some related forms still need to be taken care of. We at ERL can make sure you fill out the right forms, mistake free.
Fees
The EB-2 NIW and the subsequent green card application require various USCIS fees. We at ERL can help you understand the cost of the EB-1A application and clarify your options.
Advanced Degree or Extraordinary Ability
Typically, an advanced degree (a Master’s degree or above) is required for the EB-2 NIW. If you don’t have an advanced degree, you must demonstrate extraordinary ability in your field of endeavor.
Documentation
Documentation and evidence are fundamental for your EB-2 NIW application. The legal test may not seem as demanding as the other “extraordinary ability” visas, but any misstep in presenting evidence might lead to rejection. We at ERL can help you prepare and present detailed evidence that satisfies the legal threshold for approval.
Recommendation Letters
Recommendation letters are crucial for your EB-2 NIW application. We at ERL can help you choose recommenders and advise on the appropriate language and style for the most effective recommendations.
EB-2 NIW Test
– The EB-2 NIW requires that you satisfy the three prongs below.
– For more details, please consult USCIS’s official webpage here.
– To learn how your profile fits the three-prong EB-2 NIW test, please book a free consultation with us using the form at the bottom of this page.
1. Evidence that your endeavor has substantial merit and national importance.
2. Evidence that you are well-positioned to advance your endeavor.
3. On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
Cost
USCIS Fees
1. Form I-140: $715 (paper filing) or $665 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-140
2. Asylum Program Fee: $600, $300 (for Small Employer or self-petition) or $0 (for Nonprofit)
3. (Optional) Premium Processing fee: $2,965 — guarantees a response within 45 business days.
More information: https://www.uscis.gov/g-1055?form=i-907
4. (Upon approval, adjusting status from within the U.S.) Form I-485: $1,440 (paper filing) or $1,390 (online filing)
More information: https://www.uscis.gov/g-1055?form=i-485
5. Form I-693 Report of Immigration Medical Examination and Vaccination Record (mandatory with the filing of I-485): paid directly to the physician, not USCIS; fees vary based on physician.
More information: https://www.uscis.gov/i-693
6. (Optional, with pending I-485) Form I-765: $260
More information: https://www.uscis.gov/g-1055?form=i-765
7. (Optional, with pending I-485) Form I-131: $630 (paper filing) or $580 (online filing)
More information: https://www.uscis.gov/g-1055?form=I-131_apd
8. (Optional) Dependents: I-485, I-765, and I-131 fees same as above.
9. Upon approval, applying for the green card directly from outside the U.S.: the Form DS-260 fee and consular service fees apply.
Legal Fees
Getting help from an attorney for your EB-2 NIW application may greatly increase your chances of getting approved.
Legal fees cover various steps and components of the EB-2 NIW application process, including:
1. Consultation
2. Application
3. RFE response
4. NOID response
5. Refile
6. Adjustment of status (I-485, along with I-765 and I-131)
7. Dependents
We at ERL offer:
1. Free consultation.
2. Packages ranging from $8,000 to $12,000, depending on the complexity of your EB-2 NIW case, covering the initial EB-2 NIW application, RFE response (if applicable), NOID response (if applicable), one free refile (if applicable), and adjustment of status or consular application after approval.
3. Dependents: $1,000 each for clients who filed the EB-2 NIW application with us at ERL; $2,000 for other clients.
Frequently Asked Questions
How long is the wait for the EB-2 NIW?
The wait time (without premium processing) is around 24 months.
The most up-to-date processing time can be checked at this web address: https://egov.uscis.gov/processing-times/ (For EB-2 NIW, select “I-140: Immigration Petition for Alien Workers” under “Form” and “Advanced degree or exceptional ability request a National Interest Waiver (NIW)” under “Form Category.”)
What happens after an EB-2 NIW application is submitted?
1. Approval: Congratulations! Once your EB-2 NIW visa is approved, you may look forward to applying for your green card (more details below).
2. Request for Evidence (RFE): Don’t panic! RFE often happens when the initial submission of evidence is deemed somewhat insufficient by USCIS. RFEs require some extra time and effort, but they typically signal USCIS’s willingness to eventually approve the application, if issues in the RFE are carefully addressed.
3. Notice of Intent to Deny (NOID): If there is any logistical mistake or the evidence is lacking, USCIS may issue a NOID detailing the deficiencies in your EB-2 NIW application. Most applications end up getting denied after a NOID, but it is still possible for you to cure the deficiencies and get an approval after a NOID.
What happens between an EB-2 NIW approval and getting permanent residency (a green card)?
Once your EB-2 NIW is approved, you may check the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).
Once your priority date (the date on which USCIS receives your EB-2 NIW application with Form I-140) becomes “current” on “DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS” (Employment-based: 2nd), you may file Form I-485 for a green card, along with Form I-765 for work authorization and Form I-131 for a travel document (advance parole).
Once your priority date becomes “current” on “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” (Employment-based: 2nd), your Form I-485 will be approved and you will receive your green card.
This usually means that for EB-2 NIW applicants born in Mainland China and India, the wait can be a bit long (the same as other EB-2 green card processes, including the PERM) between the approval of EB-2 NIW and the filing of Form I-485. This wait is almost always longer than the EB-1 green cards.
For applicants born in places other than Mainland China or India, there is usually no wait between the approval of EB-2 NIW and the filing of Form I-485.
What is the main difference between the EB-1 and the EB-2 NIW?
The EB-1A demands “extraordinary ability,” and the EB-1B for professors and researchers requires “outstanding” achievement. The EB-2 NIW, however, only asks that you are well-positioned to advance an important endeavor in the national interest of the U.S.
In other words, the EB-2 NIW has a lower requirement for achievement compared with the EB-1A and the EB-1B, but it requires a more nuanced and well-reasoned legal argument.
Choosing between the EB-1 and the EB-2 NIW is very important for success in your U.S. immigration journey. We at ERL can help you strategize which green card pathy to pursue.
Can I bring dependents under an EB-2 NIW visa?
Yes. An EB-2 NIW applicant may bring their legally married spouse and unmarried children under the age of 21 as dependents. If approved, EB-2 NIW dependents may also obtain green cards.
