The EB-2 NIW (Employment-Based Second Preference National Interest Waiver) visa is a category of employment-based immigrant visas available in the United States. It allows individuals with advanced degrees or exceptional abilities in their field to bypass the typically required labor certification process if they can demonstrate that their work is in the national interest of the United States.
Employment-Based Green Card for Advanced Degree Professionals.
In 1990, Congress created the EB-2 immigrant visa category within the Immigration Act for those interested in US permanent residency. Applying for an EB-2 National Interest Waiver (NIW) visa involves several steps. Here’s an outline of the process:
Determine Eligibility:
Ensure that you meet the eligibility criteria for the EB-2 NIW visa. This category is for individuals with advanced degrees or exceptional abilities in their field, and who can demonstrate that their work is in the national interest of the United States.
Gather Documentation:
Collect all necessary documents to support your application. This may include evidence of your advanced degree or exceptional ability, documentation of your work experience, publications, awards, letters of recommendation, and any other relevant materials.
Write a Persuasive Petition Letter:
Draft a detailed and persuasive petition letter explaining how your work meets the criteria for the EB-2 NIW visa and why it is in the national interest of the United States. This letter should provide evidence of your qualifications, achievements, and the significance of your work.
This immigration pathway was created for foreign nationals who hold an advanced degree, exceptional abilities, or are looking to waive their labor certification requirement. Each category has its own set of guidelines making it important to understand which visa is best for you! The three visas that fall under the second preference category include:
EB-2A: Advanced Degree
EB-2B: Exceptional Ability
EB-2C: National Interest Waiver (NIW)
The EB-2 Visa is one out of five employment-based green cards for those looking to work in the United States permanently.
EB-2A: Advanced Degree
To obtain an EB-2 visa due to holding an advanced degree or equivalent which is a bachelor’s degree plus five years of progressive work experience in the field.
EB-2B: Exceptional Ability
The EB-2B was designed specifically for those who can show exceptional ability in the sciences, arts, or business, which will greatly benefit the United States economy, cultural or educational interests, or welfare in the future. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
EB-3C: National Interest Waiver
If you are requesting that that USCIS waives the labor certification (also known as a job offer) requirement because it is in the best interest of the United States, you are eligible to file a petition on your own behalf. You may do this whether you seek to classify yourself as a professional who has an advanced degree or if you have an exceptional ability.
How to Apply
To successfully obtain an EB-2 visa, your employer must:
- Review the instructions for Form I-140, Immigrant Petition for Alien Workers
- Complete and sign Form I-140
- Pay the filing fee (if applicable)
- Provide all required evidence and supporting documentation.
Once your Form I-140 is received, the USCIS will process your petition. You will then be given a:
- Receipt notice confirming we received your petition
- Biometric services notice (if applicable)
- Notice to appear for an interview (if needed)
- Notice of our decision
How to Support for Your EB-2 Visa Application Petition
- official academic records showing that you have a US advanced degree or a foreign equivalent degree
- an official academic record showing that you have a US baccalaureate degree or a foreign equivalent degree and letters from current
- former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty
If a doctoral degree is customarily required within your industry, you must have a United States doctorate or foreign equivalent degree.