Understanding the EB-2 NIW Visa Process: A Guide for Prospective Applicants

W hat is an EB-2 NIW Visa? The EB-2 visa category is particularly aimed at foreign nationals who are either professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. The National Interest Waiver (NIW) under this visa category allows eligible individuals to bypass the usual requirement of a labor certification if they can demonstrate that their contributions will significantly benefit the United States.

Eligibility Criteria:

The EB-2 NIW visa has two primary eligibility pathways:

1. Advanced Degree:
  • The applicant must hold an advanced degree (a master’s degree or higher) or its foreign equivalent. 
  • Alternatively, an applicant with a bachelor’s degree followed by at least five years of progressive professional experience in the field also qualifies under this category. This pathway is suitable for individuals whose education and extensive experience equip them to contribute significantly in their fields.
2. Exceptional Ability:
  • This category is for individuals who can demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
  • Applicants must meet at least three of the following criteria to qualify under exceptional ability.
  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  • Letters documenting at least 10 years of full-time experience.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  • Membership in professional associations.
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
Application Process:

1. Petition and Evidence Submission: File Form I-140, Immigrant Petition for Alien Workers, demonstrating that you meet the requirements for either an advanced degree professional or an individual with exceptional ability. You must also provide substantial evidence showing that waiving the job offer and thus the labor certification will significantly benefit the United States.

2. National Interest Waiver: Clearly prove that your employment in the United States would greatly benefit the nation by demonstrating your work's national importance, your capability to advance the proposed endeavor, and that it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

3. Processing and Decision: USCIS will review your petition, which can vary in processing time based on their workload. An RFE may be issued if more information is needed.

4. Visa Issuance and Adjustment of Status: Following approval, if you are already in the U.S., you may file Form I-485 to adjust your status to a permanent resident. Otherwise, consular processing will be necessary abroad.

Key Considerations:

Consulting with an immigration attorney is highly advisable to effectively navigate the complexities of your application. Us at Quattrochi, Torres and Taormina are here to help, call is for a free consultation. 

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