EB-2 NIW Visa in Bangladesh: A Comprehensive 2025 Guide by TRW Law Firm
Understanding the EB-2 National Interest Waiver (NIW) Visa
The EB-2 NIW visa is a unique opportunity within the U.S. employment-based immigration system. It is designed for individuals who hold either an advanced academic degree or demonstrate exceptional ability in their field, and whose work benefits the national interest of the United States. Unlike traditional employment-based green card categories, the NIW waives the requirement for a job offer or labor certification, allowing applicants to self-petition.
This guide, provided by TRW Law Firm, walks you through every critical aspect of the EB-2 NIW—from eligibility and documentation to costs and processing timelines—based on the most current 2025 requirements.
What Is the EB-2 NIW Visa?
The EB-2 NIW (National Interest Waiver) is part of the second preference (EB-2) employment-based visa category. It allows eligible individuals to apply for permanent residency without needing employer sponsorship or a Department of Labor PERM certification. The waiver is granted when the applicant can demonstrate that their work has substantial merit, national importance, and that bypassing the usual requirements benefits the United States.
To begin the process, applicants must file Form I-140, the Immigrant Petition for Alien Worker. Under the NIW provision, this form may be self-filed.
Cost of Filing an EB-2 NIW Petition
Current estimated costs for 2025 are as follows:
- Form I-140 Filing Fee: $715
- Adjustment of Status (I-485): $1,440 (for applicants inside the U.S.)
- Medical Examination Fee: Ranges from $200–$400
- Consular Processing Fee (if abroad): $345
Additional costs may arise depending on translations, credential evaluations, or legal assistance. TRW Law Firm provides transparent fee structures to help you plan accordingly.
Timeline to Obtain an EB-2 NIW Green Card
The total timeline depends on multiple variables including USCIS workload, applicant’s location, and visa availability.
- Form I-140 Processing: 10.5 to 26.5 months
- Adjustment of Status (if in the U.S.): Up to 24 months
- Consular Processing (if abroad): 4 to 6 months
Concurrent filing of Form I-140 and Form I-485 may be possible when visa numbers are available, potentially reducing overall processing time.
Eligibility Requirements for EB-2 NIW
To qualify for the EB-2 NIW, applicants must:
1. Hold an advanced degree (or equivalent) or demonstrate exceptional ability
- Advanced Degree: Minimum of a master’s degree or a bachelor’s degree with five years of progressive experience
- Exceptional Ability: A level of expertise significantly above that typically encountered in the sciences, arts, or business
2. Meet the Three NIW Criteria:
- Substantial Merit and National Importance: The proposed work must positively impact areas such as technology, healthcare, education, or the economy
- Well-Positioned to Succeed: The applicant must demonstrate the qualifications, experience, and plan to carry out the endeavor successfully
- Waiver Benefits the U.S.: It must be more beneficial to waive the job offer and labor certification requirements than to enforce them
What Qualifies as “Substantial Merit and National Importance”?
The endeavor should:
- Contribute to U.S. national priorities (e.g., STEM research, clean energy, public health)
- Impact local, regional, or national areas
- Support underserved populations or economically distressed regions
Importantly, the applicant doesn’t have to prove guaranteed success—only that the proposed work is credible and impactful.
Proving Eligibility: Documentation and Evidence
Applicants should submit a well-organized portfolio to support their petition.
For National Interest Waiver:
- A detailed business or research plan
- Media coverage, publications, or awards
- Letters of recommendation from field experts
- Evidence of impactful work or research
- Proof of stakeholder interest (e.g., customer base, investments, partnerships)
For Advanced Degree:
- Diplomas and transcripts
- If holding a bachelor’s degree, letters from employers verifying five years of progressive post-baccalaureate work experience
- Credential evaluations to confirm U.S. equivalence
For Exceptional Ability (At least 3 of the following):
- Academic records (degree or certificate)
- Professional licenses or certifications
- Letters documenting 10+ years of experience
- Salary or remuneration indicative of high-level expertise
- Membership in professional organizations
- Recognition from peers or government bodies
Note: Stronger cases may include more than three pieces of evidence. TRW Law Firm provides comprehensive evaluations to help you build a persuasive petition.
Building a Compelling NIW Narrative
TRW Law Firm recommends structuring your petition around the three core NIW requirements:
- Highlighting the national importance of your work
- Demonstrating your qualifications and record of success
- Justifying the waiver of the labor certification process
Example Strategies:
- A public health professional proving their work reduces disease in underserved areas
- An environmental engineer contributing to climate-resilient infrastructure
- A startup founder developing technology with nationwide adoption potential
Additional Documents for Entrepreneurs
Entrepreneurs or startup founders may include:
- Proof of startup funding
- Letters of interest or signed contracts
- Investor support
- Business licenses and registrations
- Market studies or sales figures
Legal Evolution: From NYSDOT to Dhanasar
USCIS uses the Matter of Dhanasar (2016) precedent to evaluate NIW petitions. This decision replaced the outdated and often criticized NYSDOT framework from 1998. Dhanasar’s criteria emphasize flexibility, innovation, and practical application over rigid, geographically limited interpretations of national interest.
EB-2 NIW vs. Other Visa Options
| Visa Type | Requires Job Offer | Requires PERM Certification | Self-Petition Allowed | Priority Timeline |
|---|---|---|---|---|
| EB-2 (Standard) | Yes | Yes | No | Medium |
| EB-2 NIW | No | No | Yes | Medium |
| EB-1A (Extraordinary Ability) | No | No | Yes | Faster |
| EB-5 (Investor) | No | No | Yes (with investment) | Medium |
Frequently Asked Questions (FAQs)
Q1: How long does it take to prepare an NIW petition? A: Typically, 4–12 weeks depending on whether the applicant qualifies under advanced degree or exceptional ability. Exceptional ability cases take longer due to documentation complexity.
Q2: Do I need to meet both the advanced degree and exceptional ability requirements? A: No. You need to meet either one of these requirements in addition to the three NIW criteria.
Q3: What is PERM, and why is it waived? A: PERM is a labor market test ensuring no qualified U.S. workers are displaced. NIW allows bypassing this requirement for individuals whose work benefits the U.S.
Q4: Can I travel while my EB-2 NIW is pending? A: Travel outside the U.S. may risk abandonment of your application unless proper travel authorization (Advance Parole) is obtained.
Q5: Can I reuse recommendation letters from other visa categories? A: Not recommended. USCIS favors field-specific expert letters tailored to the NIW petition.
Why Choose TRW Law Firm for Your EB-2 NIW Application?
TRW Law Firm provides end-to-end support for individuals pursuing permanent residency through the EB-2 NIW pathway. Our legal services include:
- In-depth eligibility assessment
- Customized strategy for advanced degree or exceptional ability
- Drafting and compiling of persuasive support letters and documentation
- Filing Form I-140 with USCIS
- Guidance through I-485 adjustment or consular processing
- Response to RFEs (Requests for Evidence)
With TRW’s expert immigration team, your green card application is in safe hands.
Contact TRW Law Firm Today
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Your skills can transform lives. Let TRW Law Firm help you secure your future in the United States with an EB-2 NIW visa.