If you're an individual with an advanced degree or exceptional abilities and you're considering working in the U.S., the EB-2 National Interest Waiver (NIW) visa could be an excellent option for you. This article serves as a comprehensive guide to this employment-based visa, providing detailed information about its [eligibility requirements](https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2^), application process, costs, and [processing times](/immigration-resources/uscis-processing-times-guide). 

Whether you're interested in applying for an EB-2 NIW visa, you're an immigration lawyer seeking to better understand this visa category, or you're simply curious about the U.S. immigration system, this guide is for you. 

One of the unique features of the EB-2 NIW visa is that it allows applicants to file their petition without a job offer or a permanent labor certification. This means you can apply for this visa based on your qualifications and the potential benefits of your work to the U.S. national interest, rather than needing to secure a job offer first. 

The application process involves filing Form I-140, which comes with a fee of $700. If you're already living in the U.S., you'll also need to pay for Form I-485, a [medical exam](/immigration-resources/green-card-medical-examination-guide), and biometrics. If you're applying from abroad, you'll need to apply via [consular processing](/immigration-resources/us-immigration-court-guide), which costs $345. 

The processing time for Form I-140 can range from 10.5 to 26.5 months, depending on where you're filing from. Once a visa becomes available, the green card application process can begin, which can take more than 2 years for U.S. applicants and between 4 and 6 months for those applying from abroad. 

In the following sections, we'll delve deeper into the specifics of the EB-2 NIW visa, including its background, eligibility requirements, and the types of evidence you can use to support your application. We'll also answer some frequently asked questions about the application process. Let's get started.

A Comprehensive Guide to the EB-2 National Interest Waiver (NIW) Visa

If you're an individual with an advanced degree or exceptional abilities and you're considering working in the U.S., the EB-2 National Interest Waiver (NIW) visa could be an excellent option for you. This article serves as a comprehensive guide to this employment-based visa, providing detailed information about its eligibility requirements, application process, costs, and processing times. 

The application process involves filing Form I-140, which comes with a fee of $700. If you're already living in the U.S., you'll also need to pay for Form I-485, a medical exam, and biometrics. If you're applying from abroad, you'll need to apply via consular processing, which costs $345. 

Eligibility Requirements for the EB-2 NIW Visa

To qualify for an EB-2 NIW visa, there are specific requirements you must meet. These requirements are designed to ensure that those granted the visa will contribute significantly to the U.S. national interest. Let's break down these requirements one by one.

Firstly, you must demonstrate that your proposed endeavor has substantial merit and national importance. This means that the work you plan to do in the U.S. should have significant positive implications. This could be in any field such as business, science, technology, culture, health, or education. The endeavor's importance should be national in scope, meaning it should have potential benefits that extend beyond your immediate geographical area.

Secondly, you must be well-positioned to advance the proposed endeavor. In other words, you should have the education, skills, knowledge, record of success, a plan, or any other relevant qualifications or factors that would enable you to successfully carry out your proposed work.

Thirdly, you must demonstrate that it would be beneficial to the U.S. to waive the requirement of a job offer and thus of a labor certification (also known as PERM certification). This means showing that the U.S. would benefit more from your proposed work than if a U.S. employer were required to go through the labor certification process to hire you.

Lastly, you must show that you have an advanced degree or exceptional ability. An advanced degree means a degree beyond a baccalaureate degree, or a baccalaureate degree with at least five years of progressive experience in your field. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in your field.

Meeting these requirements can be challenging, but with the right preparation and evidence, it's certainly achievable. In the next section, we'll discuss the types of evidence you can use to meet these criteria and demonstrate your advanced degree or exceptional ability.

Application Process for the EB-2 NIW Visa

Now that you understand the eligibility requirements for the EB-2 NIW visa, let's walk through the application process step by step. 

Remember, the processing time for Form I-140 can range from 10.5 to 26.5 months, depending on where you're filing from. Once a visa becomes available, the Green Card application process can begin, which can take more than 2 years for U.S. applicants and between 4 and 6 months for those applying from abroad.

In the next section, we'll discuss the types of evidence you can use to support your application and demonstrate your advanced degree or exceptional ability.

Evidence for the EB-2 NIW Visa Application

When applying for the EB-2 NIW visa, it's crucial to provide strong evidence to support your application. This evidence should demonstrate that you meet the eligibility requirements discussed earlier. Here's a look at the types of evidence you can use:

Remember, the quality of your evidence is crucial. It's not just about quantity; it's about showing that you meet the criteria for the EB-2 NIW visa. In the next section, we'll answer some frequently asked questions about the EB-2 NIW visa application process.

The time it takes to put together an application can vary greatly depending on your specific circumstances. It can take several weeks or even months to gather all the necessary evidence and complete the required forms. It's important to start early and give yourself plenty of time to prepare a strong application.

As discussed in the previous section, you'll need to provide evidence that demonstrates you meet the eligibility requirements for the EB-2 NIW visa. This could include letters from experts, news articles, your resume or CV, awards or honors, and more.

PERM certification, or Program Electronic Review Management certification, is a process that U.S. employers typically have to go through before they can hire a foreign worker. The process involves proving that there are no qualified U.S. workers who are able, willing, qualified, and available to do the job. However, the EB-2 NIW visa waives this requirement.

Expert letters, or letters of recommendation, should come from recognized experts or leaders in your field. They should discuss your qualifications, your proposed endeavor, and why it is of substantial merit and national importance. They should also explain why it would be beneficial to the U.S. to waive the job offer and labor certification requirements in your case.

Frequently Asked Questions about the EB-2 NIW Visa

How long does it take to put together an application?

What kind of evidence is needed for the application?

What should be included in expert letters?

The EB-2 National Interest Waiver (NIW) visa is a unique opportunity for individuals with advanced degrees or exceptional abilities to work in the U.S. without needing a job offer or a labor certification. 

To qualify, you must demonstrate that your proposed endeavor has substantial merit and national importance, that you are well-positioned to execute your proposed endeavor, and that it would be beneficial to the U.S. to waive the job offer and labor certification requirements. 

The application process involves filing Form I-140, undergoing a medical examination and providing biometrics if you're in the U.S., and either filing Form I-485 or going through consular processing. The costs associated with the application process include the filing fees for the forms and the costs of the medical examination and biometrics.

Providing strong evidence is crucial to a successful application. This can include letters from experts, news articles, your resume or CV, awards or honors, and more. 

We hope this guide has provided you with a clear understanding of the EB-2 NIW visa and its application process. If you have any further questions, we recommend seeking advice from an immigration professional. Good luck with your application!

Interested in working in the U.S. with an advanced degree or exceptional abilities? The EB-2 National Interest Waiver (NIW) visa could be your solution. This visa allows you to work in the U.S. without a job offer or labor certification. Learn how to qualify, the application process, costs, and how to strengthen your application. For a smoother process, consider consulting an immigration professional.

EB-2 National Interest Waiver (NIW) U.S. Visa: A Guide for Advanced Degree Holders and Exceptional Individuals

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