The EB-2 NIW visa is a special employment-based immigrant visa category for those individuals who possess an advanced degree or its equivalent, or who have exceptional skills in the sciences, arts, or business. This visa allows certain professionals and highly skilled workers to obtain permanent residence (Green Card) in the United States. What distinguishes the EB-2 NIW visa is that the applicant does not need an offer of employment or labor certification if he or she can demonstrate that his or her work is in the national interest of the United States.

Who Is Eligible for the EB-2 NIW Visa?

The EB-2 NIW visa is intended for individuals who meet at least one of the following requirements:

1. Advanced Degree (Master's Degree or higher):some text
   • The applicant must have an advanced degree (such as a Master's Degree or Ph.D.) or its equivalent, or have substantial work experience that is considered equivalent to an advanced degree.
2. Exceptional Abilities:some text
   • The applicant must demonstrate exceptional ability in the sciences, arts or business, meaning that he or she has a level of competence significantly above that of most people in his or her field.
3. National Interest Waiver (NIW):some text
   • The applicant may be exempt from the labor certification and job offer if he or she can demonstrate that his or her work has a significant impact on the national interest of the United States. To qualify for the job offer exemption, the applicant must provide evidence that his or her work will benefit the economy, education, public health, culture, or other key aspects of the national interest.

Requirements to Apply for the EB-2 NIW Visa

1. Demonstrate Exceptional Abilities or Advanced Degree:some text
   • Applicants must have an advanced degree or demonstrate exceptional skills in their field.
2. Evidence of Impact on the National Interest:some text
   • Evidence must be submitted demonstrating that the applicant's work has direct relevance to the welfare of the United States, such as improvements in the economy, health, education, national security, among other areas.
3. Form I-140 (Immigrant Petition for Alien Worker):some text
   • The applicant must complete and submit Form I-140 to the U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation.
4. Job Offer Exemption and Labor Certification:some text
   • If the applicant qualifies for the job offer exemption, he or she does not need a formal job offer or to go through the labor certification process.

EB-2 NIW Visa Application Process

1. Collection of Evidence Documents:some text
   • The applicant must gather the necessary documentation supporting their exceptional skills, advanced degree, and evidence of how their work benefits the United States. This may include letters of recommendation, publications, evidence of impact on the national interest, and more.
2. Filing of the I-140 Petition:some text
   • The next step is to complete and submit the Form I-140 with all supporting documents to the USCIS for review of the application.
3. Wait for the USCIS Decision:some text
   • USCIS will review the petition and determine if the applicant meets the requirements for the EB-2 NIW visa. This process can take anywhere from 6 to 12 months.
4. Adjustment of Status or Consular Processing:some text
   • If the application is approved, the applicant may proceed with adjustment of status (if already in the U.S.) to obtain permanent residence, or consular processing (if outside the country) to obtain an immigrant visa.

Benefits of the EB-2 NIW Visa

1. Permanent Residence (Green Card):some text
   • By obtaining the EB-2 NIW visa, the applicant obtains permanent residency in the U.S., which allows him/her to live and work indefinitely in the country.
2. Job Offer Exemption and Labor Certification:some text
   • Unlike other employment-based visas, EB-2 NIW applicants do not need a job offer or to go through the labor certification process, which speeds up the process.
3. Family:some text
   • The spouse and children under 21 years of age of the principal applicant may accompany him/her and obtain permanent residence.

Processing Times for the EB-2 NIW Visa

• Form I-140 Processing Time:some text
  • The processing time for Form I-140 generally ranges from 6 to 12 months. The exact time will depend on the USCIS workload and the complexity of the case.
• Permanent Residence:some text
  • Once the I-140 petition is approved, the applicant can obtain his or her Green Card within 6 to 12 months if he or she is in the U.S., or may have to wait longer if he or she must go through consular processing.

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How to hire our services for your visa application?

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Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

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 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

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If you prefer to know more details about this service and its costs, please visit the following link:

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