Overview of the EB-2 NIW Pathway

The EB-2 NIW (National Interest Waiver) Green Card pathway is a specialized route within the second preference employment-based visa category that allows exceptional foreign nationals to bypass the traditional labor certification process. It is designed for professionals who demonstrate exceptional ability in their fields of science, arts, or business, and whose employment in the United States would greatly benefit the nation. 

Eligibility Criteria

To qualify for an EB-2 NIW visa, applicants must meet at least three of the following criteria.

• Hold an advanced degree (master’s degree or PHD) or its equivalent, or a bachelor’s degree plus 5 years progressive work experience.
• Evidence of experience or recognition for achievements and significant contributions to your industry.
• Proof that their proposed work/endeavour in the USA has national importance and they are well-positioned to advance their proposed endeavour.

Application Process

• Documentation Gather all necessary documents that demonstrate your exceptional ability and the national importance of your work. This includes diplomas, letters of recommendation, awards, and published articles.
• Form I-140, Petition for Alien Worker File Form I-140 along with your documentation to USCIS.  
• Wait for Adjudication Processing times can vary, but you will receive a notice of decision from USCIS.
• Adjustment of Status or Consular Processing If residing in the U.S., file for Adjustment of Status to a permanent resident. If outside, go through consular processing at a U.S. embassy.

Benefits of the EB-2 NIW

 This pathway offers numerous advantages, including: 

• No employer sponsorship requirement.
• Reduced waiting times compared to other green card categories.
• Flexibility to change jobs or employers without affecting the green card process.

Required Documentation Typical documentation required includes:

• Academic records
• Letters from current or former employers detailing your work experience
• Evidence of salary or other remuneration for services
• Licenses or certifications
• Evidence of achievements in your field (awards, memberships, published material)

To learn more about EB2 NIW Green Card Pathway watch this free Tutorial.