Eligibility Requirements
To qualify for an EB2-NIW green card, you must meet the following criteria:
1. General EB2 Requirements:
Advanced Degree: You must have at least a U.S. master’s degree (or its foreign equivalent) or a U.S. bachelor’s degree with at least five years of progressive work experience in your field.
– OR –
Exceptional Ability: Demonstrate a degree of expertise significantly above that ordinarily encountered in your field (e.g., arts, sciences, or business).
2. National Interest Waiver Requirements:
You must prove that your work is in the national interest of the United States by meeting the following criteria (as outlined in the Matter of Dhanasar case):
1. Substantial Merit and National Importance: Your work must have substantial merit in a field such as science, technology, healthcare, education, or business, and it must benefit the U.S. on a national level.
2. Positioning to Advance the Field: You must demonstrate that you are well-positioned to advance the proposed endeavor. This includes showing your qualifications, expertise, and track record of achievements.
3. Balancing Test: The U.S. government must conclude that granting the waiver is in the national interest and that requiring a job offer or labor certification would be detrimental to the national interest.
Application Process
The EB2-NIW process consists of several steps:
1. Prepare and File Form I-140 (Immigrant Petition for Alien Workers)
The I-140 is the primary form for the EB2-NIW petition.
Key supporting documents:
• Evidence of advanced degree or exceptional ability (e.g., degrees, certifications, resumes, and letters of recommendation).
• Documentation showing your work’s substantial merit and national importance.
• Evidence of your achievements, awards, publications, patents, or significant contributions to your field.
• Recommendation letters from experts in your field (preferably from the U.S.).
• Proof of your ability to continue your work in the U.S.
2. Wait for I-140 Approval
Processing time varies but usually takes 6-12 months. You can opt for premium processing (15-day adjudication) starting in January 2023.
3. File for Adjustment of Status (Form I-485)
If you are in the U.S. on a valid visa and a green card is immediately available (based on the Visa Bulletin), you can file Form I-485 to adjust your status to a permanent resident.
Key steps:
• Submit Form I-485, along with supporting documentation (medical exam, proof of lawful entry, etc.).
• File Forms I-765 (Employment Authorization) and I-131 (Advance Parole) if needed.
• If you are outside the U.S., you will apply for consular processing after I-140 approval.
4. Attend Biometrics Appointment and Interviews
After filing Form I-485, you may be required to attend a biometrics appointment and, in some cases, an interview.
5. Receive Your Green Card
If everything is approved, you will receive your green card in the mail!
Processing Time
I-140 Processing: 6-12 months (or 15 days with premium processing).
Adjustment of Status (I-485): Typically 6-12 months, depending on USCIS processing times and priority date availability.
Overall, the process can take anywhere from 12 to 24 months or longer, depending on your circumstances.
Advantages of EB2-NIW
1. No requirement for employer sponsorship or a specific job offer.
2. No need for PERM labor certification (a lengthy recruitment process).
3. Flexibility to work in different roles or employers as long as you continue your work related to the national interest.
4. Suitable for researchers, entrepreneurs, and other professionals contributing to areas such as healthcare, technology, education, or environmental issues.
Filing Fees
Form I-140: $700
Form I-485 (if applicable): $1,225 (including biometrics) for most applicants.
Additional fees may apply for medical exams, translations, and legal assistance.
Tips for Success
1. Strong Recommendation Letters: Secure letters from respected professionals in your field emphasizing your unique contributions and their national importance.
2. Comprehensive Documentation: Clearly show how your work meets the national interest criteria with evidence such as publications, patents, funding, and awards.
3. Experienced Immigration Attorney: Consider hiring an attorney with experience in EB2-NIW cases to strengthen your petition.