1. What is an EB-2 National Interest Waiver (NIW)?

An EB-2 National Interest Waiver (NIW) is a special type of visa that allows foreign workers with advanced degrees or exceptional ability to bypass the labor certification process and file for permanent residency without an employer sponsor. This type of visa is generally reserved for individuals whose skills or knowledge will substantially benefit the United States. To qualify, applicants must demonstrate that their presence in the US would be in the national interest, which may be demonstrated by factors such as job creation, public benefit, or advancing US goals in science and technology.

2. What are the eligibility requirements for an NIW?

In order to be eligible for an NIW, you must:

* Demonstrate extraordinary ability in the sciences, arts, or business
* Have a job offer in the field your extraordinary ability relates to
* Have fulfilled the requirements of the job offer
* Prove that your entry into the United States would substantially benefit the nation

3. How long does it take to process an NIW application?

The average processing time for an NIW application is approximately 6-12 months.

4. What kind of evidence is required for an NIW application?

Evidence that is typically required for an NIW application includes evidence that the applicant has made “sustained national or international acclaim”, evidence of the applicant’s achievements, awards or recognition in their field, evidence of published work, evidence of original contributions to their field, and letters of recommendation from experts in the field.

5. What criteria must be met in order to qualify for an NIW?

To be eligible for an NIW, a foreign national must demonstrate that they possess extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, or that they have a demonstrated record of extraordinary achievement in the motion picture or television industry. They must also prove that their presence in the United States would substantially benefit prospectively the United States.

6. How does USCIS determine whether a petition qualifies for an NIW?

USCIS makes a holistic assessment of the evidence submitted with the petition to determine if the petition qualifies for an NIW. The evidence must demonstrate that the foreign national has achieved extraordinary ability in his/her field, as indicated by sustained national or international acclaim. It also must show that the foreign national’s accomplishments have been recognized in his/her field through extensive documentation. The documentation should include a cross-section of evidence such as expert letters from peers, awards and other distinctions, scholarly articles and publications, media citations, and licenses and certifications.

7. What is the difference between the EB-2 and EB-1 categories of employment-based immigration?

The EB-2 category of employment-based immigration is for workers who possess advanced degrees or have exceptional ability in their field and are seeking to come to the United States for a job offer. The EB-1 category of employment-based immigration is for those who have extraordinary ability, are outstanding professors or researchers, or are multinational executives and managers.

8. Are there any alternatives to the EB-2 NIW category?

Yes, foreign nationals may also pursue options such as the EB-1 Outstanding Researcher/Professor category, the EB-1 Extraordinary Ability category, or the PERM labor certification process. Each of these options requires a different set of qualifications, so it is important to research each option and determine which is the best fit for your particular situation. Additionally, certain foreign nationals may also qualify for a national interest waiver through the PERM labor certification process.

9. Does an employer have to file an I-140 petition before filing an NIW application?

No, an employer does not have to file an I-140 petition before filing an NIW application. The National Interest Waiver (NIW) does not require employer sponsorship. It allows certain foreign nationals to self-petition for permanent residence in the United States without the need for a labor certification or an employer sponsor. As a result, there is no requirement for an employer to file an I-140 petition before filing an NIW application.

10. Can I use a combination of evidence to satisfy the requirements of an NIW application?

Yes, a combination of evidence can often be used to satisfy the requirements of an NIW application. For example, an applicant may submit a combination of scholarly articles, expert letters, and other evidence to demonstrate their eligibility for the NIW.

11. Is there a minimum number of years of experience required for an applicant to qualify for an NIW?

No, there is no minimum number of years of experience required for an applicant to qualify for an NIW. Each case is evaluated on its own merits and the applicant’s qualifications for the particular position or field of endeavor.

12. Are there any limitations on who can receive an NIW?

No, there are no limitations on who can receive an NIW. Anyone with a valid reason for wanting to remain in the United States and meet the other eligibility requirements may apply.

13. Are there any exceptions to the minimum salary requirement for an NIW applicant?

Yes, there are some exceptions to the minimum salary requirement for an NIW applicant. For example, applicants who currently work in academia (faculty members, postdoctoral researchers, or graduate students) may be exempt from the minimum salary requirements. Additionally, applicants who can demonstrate that their income is below the poverty level and/or that they are providing vital services or goods may be exempt from the minimum salary requirements.

14. What is the process for obtaining an NIW after approval of the I-140 petition?

After approval of the I-140 petition, the immigrant worker must then submit Form I-485, Application to Register Permanent Residence or Adjust Status. The application must be accompanied by supporting documents such as passport, birth certificates, marriage certificates (if applicable), and other forms of documentation that prove the immigrant’s eligibility for the NIW (National Interest Waiver). Once the application is approved, the immigrant worker may receive permanent residency in the United States.

15. Are there any costs associated with filing an NIW application?

Yes. The filing fee for an NIW application is $700.

16. Will my pending Form I-485 be affected if my NIW petition is approved?

No, your pending Form I-485 shouldn’t be affected by the approval of your NIW petition. Your Form I-485 will be adjudicated separately from your NIW petition, and the results of one should not impact the other.

17. Does filing for an NIW increase my chances of being selected in the DV lottery or other green card programs?

No, filing for an NIW does not increase your chances of being selected in the DV lottery or other green card programs. The NIW is a separate category of visa that does not involve an entry in the DV lottery or other green card programs. To be eligible for the DV lottery or other green card programs, you must meet all of the requirements for the respective program.

18. Do I need to file a labor certification if I am applying for an EB-2 National Interest Waiver (NIW)?

No. A labor certification is not required for an EB-2 NIW application.

19. Is it possible to switch from one employment-based preference category to another while my green card application is pending?

Yes, it is possible to switch from one employment-based preference category to another while your green card application is pending. However, you will need to file a new I-140 petition for the new category and provide evidence that the requirements for the new category are met. Also, if your priority date has already been established, you will need to file a new adjustment of status application.

20. What happens if I am denied an EB-2 National Interest Waiver (NIW) application?

If your EB-2 National Interest Waiver (NIW) application is denied, you may appeal the decision or re-apply for the visa with different evidence to support your application. It is important to consult with an immigration lawyer to discuss the best route for your individual case.