Question 1

What is an EB2 NIW?

Accepted Answer

The EB2 National Interest Waiver is an employment based immigrant visa category that allows qualified professionals to self petition to obtain permanent residency and a Green Card without needing a job offer or employer sponsorship. The applicant must demonstrate that their proposed endeavor in the United States has substantial merit and national importance, and that waiving the job offer requirement benefits the country.

Question 2

What are the requirements for an EB2 NIW?

Accepted Answer

To qualify for an EB2 NIW, you must meet two sets of requirements. First, you need to satisfy the EB2 eligibility by holding an advanced degree or demonstrating exceptional ability. Second, you must meet the three prongs from the Matter of Dhanasar decision, which evaluate the national importance of your work, whether you are well positioned to advance it, and whether it is beneficial to waive the job offer and labor certification.

Question 3

What is a Green Card?

Accepted Answer

A Green Card is the document that grants lawful permanent resident status in the United States. It allows you to live, work, and invest legally in the country without time limitations. It is also the required step before applying for U.S. citizenship after meeting the residence criteria.

Question 4

What does EB2 NIW mean?

Accepted Answer

EB2 NIW refers to the second employment based immigrant category that includes a National Interest Waiver. This means the applicant does not need an employer to sponsor the case because the proposed work benefits the national interest of the United States.

Question 5

How long does an EB2 NIW take?

Accepted Answer

USCIS processing times for EB2 NIW petitions typically range from 12 to 28 months, depending on the service center and caseload. Premium Processing is available and offers a resolution within 45 business days.

Question 6

What is an RFE?

Accepted Answer

A Request for Evidence is a notice issued by USCIS when the officer needs additional information to evaluate your case. It outlines the items that must be clarified or expanded to continue processing the petition.

Question 7

What documents are needed for an EB2 NIW?

Accepted Answer

Common EB2 NIW documentation includes proof of advanced degree or exceptional ability, evidence of achievements and impact, a well structured Proposed Endeavor statement, a National Importance statement, a professional plan or business plan, supporting publications or projects, awards, letters of support, and any evidence that demonstrates you meet the three prongs of the Matter of Dhanasar.

Question 8

What can you do after an EB2 NIW denial?

Accepted Answer

After a denial, you may file a motion to reopen, a motion to reconsider, or submit a new EB2 NIW petition with stronger evidence and revised arguments. Many applicants choose to rebuild the case with clearer documentation and a more robust explanation of national importance.

Question 9

What is a business plan for an EB2 NIW?

Accepted Answer

A business plan for EB2 NIW is a structured document that explains your proposed endeavor in the United States, its feasibility, strategy, projected impact, and national importance. It also links your background and achievements to the future work you plan to carry out.

Question 10

How much does an EB2 NIW cost?

Accepted Answer

Costs depend on the applicant’s approach. USCIS fees include the I 140 filing fee and optional Premium Processing. Additional costs may include document preparation, translations, evidence gathering, advisory services, and attorney fees if you work with a law firm.

Question 11

How do you apply for an EB2 NIW?

Accepted Answer

To apply for an EB2 NIW, you must prepare your evidence and narrative, complete Form I 140, and submit a self petition package to USCIS. If approved, you then proceed with either Adjustment of Status within the United States or Consular Processing abroad.

Question 12

Do you need an immigration law firm?

Accepted Answer

You are not required to hire an immigration law firm to file an EB2 NIW. Many applicants prepare self petitions successfully, while others choose to work with attorneys or specialized consultants depending on their preferred level of guidance and complexity of the case.

Question 13

Do you need employer sponsorship to apply for an EB2 NIW?

Accepted Answer

No. The EB2 NIW is a self petition category. You can apply without employer sponsorship and without a job offer, as long as you demonstrate that your proposed work benefits the national interest of the United States.

Question 14

What does endeavor in the United States mean in an EB2 NIW?

Accepted Answer

In the context of an EB2 NIW petition, your endeavor in the United States refers to the work, project, or professional activity you plan to carry out once you become a permanent resident. USCIS evaluates whether your proposed endeavor has substantial merit and national importance under Prong 1, whether you are well positioned to advance it under Prong 2, and whether waiving the job offer and labor certification benefits the United States under Prong 3. The endeavor must be specific, credible, and aligned with your experience, skills, and professional record. It can include research, entrepreneurship, consulting, innovation, public interest work, or any activity that has the potential to create a positive impact in the United States at a local, regional, national, or sector-wide level.

Cookies

Apply for an EB2 NIW: Get Your Green Card to Live in the United States

TL;DR - Quick Summary