Complete Guide to the EB-2 NIW Visa

Complete Guide to the EB-2 NIW Visa

TRW Law Firm

What is an EB-2 NIW Visa?

The EB-2 National Interest Waiver (NIW) is a subcategory of the employment-based second preference (EB-2) visa that allows foreign nationals with either an advanced degree or exceptional ability to apply for U.S. permanent residency without the need for a job offer or labor certification (PERM), if their proposed endeavor is in the national interest of the United States.

This unique visa pathway is ideal for professionals, researchers, scientists, entrepreneurs, and experts in fields such as technology, health, culture, education, and more.

Benefits of EB-2 NIW

✉️ No requirement for a U.S. employer or job offer
✉️ No PERM labor certification requirement
✉️ Self-petitioning allowed
✉️ Pathway to lawful permanent residence (Green Card)

EB-2 NIW Eligibility Requirements

To qualify for the EB-2 NIW visa, applicants must meet both:

✔ One of the Two Basic EB-2 Criteria:

1. Advanced Degree: Equivalent to a U.S. master’s degree or higher (or a U.S. bachelor’s degree plus 5 years of post-bachelor progressive work experience).
2. Exceptional Ability: A level of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

✔ Plus All Three NIW Criteria:

1. The proposed endeavor must have substantial merit and national importance.
2. The applicant must be well-positioned to advance the proposed endeavor.
3. On balance, it must benefit the U.S. to waive the job offer and labor certification requirements.

What Is Considered “Substantial Merit and National Importance”?

The proposed endeavor should contribute significantly to areas like:

✅ Scientific research ✅ Public health ✅ Education reform ✅ National infrastructure ✅ Technology or cybersecurity ✅ Job creation in distressed U.S. regions

It need not be national in geographic scope; localized endeavors that yield national impact may also qualify.

Evidence for EB-2 NIW Application

For National Interest Waiver Criteria:

• Project plan or research proposal
• Letters from industry experts or government officials
• Awards, patents, media coverage
• Evidence of public benefit or support (grants, contracts, stakeholder letters)

For Advanced Degree Category:

• Degree certificates
• Academic transcripts
• Letters showing 5+ years of experience post-bachelor’s

For Exceptional Ability Category (need 3 of the following):

• Academic record or certifications
• 10+ years of experience
• Licenses or memberships
• Published work, citations, or conference presentations
• Salary proof indicating high demand or distinguished ability

Application Process

1. Prepare Evidence & File Form I-140: Petition for Alien Worker with documentation.
2. Visa Bulletin Review: Wait for priority date to become current.
3. Green Card Application:
   • If in U.S.: File Form I-485 (Adjustment of Status)
   • If abroad: Apply via Consular Processing (DS-260)
4. Attend Biometrics & Interview
5. Receive Green Card

EB-2 NIW Timeline

• Form I-140 Processing: 10.5 – 26.5 months
• I-485 (if in U.S.): Up to 2 years or more
• Consular Processing: 4–6 months after I-140 approval

Concurrent filing of I-140 and I-485 possible if priority date is current.

EB-2 NIW Costs

• Form I-140: $715
• I-485 (Adjustment of Status): $1,440 + biometrics
• Medical Exam: $200–400
• Consular Processing: $345 (if abroad)

Background: Dhanasar v. NYSDOT

In 2016, the AAO (Administrative Appeals Office) overturned the older framework (Matter of NYSDOT, 1998) with a more flexible test in Matter of Dhanasar. The updated test eliminated ambiguous requirements and focused on broader societal benefit, feasibility of the endeavor, and the impracticality of a labor certification.

Strategic Recommendations by TRW Law Firm

✅ Customize your narrative: USCIS wants a cohesive story, not just documents. ✅ Prepare expert letters: These are often critical for success. Ensure they:

• Are written by independent experts
• Describe your specific contributions
• Highlight the national interest ✅ Focus on real-world outcomes: Your past accomplishments and future plans must clearly show impact.

FAQs About EB-2 NIW

1. Can I self-petition?
Yes, the NIW allows you to file without a job offer or employer sponsorship.

2. Can I use old recommendation letters?
No. You need tailored expert letters that match the NIW framework.

3. Is the NIW the same as a National Interest Exception (NIE)?
No. An NIW waives job offer/labor certification requirements. NIE refers to temporary travel exemptions.

4. Can entrepreneurs apply?
Yes. You can show your business will benefit the U.S. economy, even if localized.

5. Can I file a green card application with the I-140?
Only if your priority date is current per the Visa Bulletin.

6. Can TRW Law Firm help me?
Absolutely. We handle hundreds of NIW and EB applications annually with personalized strategy and document support.

Other Employment-Based Options

• EB-1 Visa: For extraordinary ability, multinational executives, and outstanding professors
• EB-3 Visa: For skilled workers and professionals
• EB-4 Visa: For religious workers and other special immigrants
• EB-5 Visa: For immigrant investors

Contact TRW Law Firm

Global Law Firm Locations:

• Dhaka: House 410, Road 29, Mohakhali DOHS
• Dubai: Rolex Building, L-12 Sheikh Zayed Road.

Phone: +8801708000660 / +8801847220062 / +8801708080817
Email: info@trfirm.com | info@trwbd.com | info@tahmidur.com
Website: tahmidurrahman.com

TRW Law Firm provides expert U.S. immigration legal services from Bangladesh, ensuring end-to-end support for NIW and employment-based green cards. Let us turn your extraordinary potential into a secure U.S. future.

Table: EB-2 NIW Overview

For tailored advice and a professionally managed NIW petition, trust TRW Law Firm — your bridge to U.S. residency.