
EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver (NIW) Visa is a highly sought-after U.S. immigrant visa designed for individuals with exceptional abilities or advanced degrees whose presence in the United States is deemed to be in the national interest. This pathway is tailored for professionals, researchers, entrepreneurs, and others who demonstrate a significant impact in their field and the potential to benefit the nation.
EB-2 Visa Requirements/Criteria
To qualify for the EB-2 NIW Visa, applicants must meet stringent criteria that validate their extraordinary abilities in their field or an advanced degree (master’s or higher). Demonstrating expertise and prominence in their area of specialization is crucial.
- Exceptional Ability or Advanced Degree Requirement: To qualify for the EB-2 NIW Visa, applicants must possess either an exceptional ability in their field or an advanced degree (master’s or higher). Demonstrating expertise and prominence in their area of specialization is crucial.
- National Interest Waiver (NIW): Unlike the traditional EB-2 Visa, the NIW allows applicants to bypass the Labor Certification process, streamlining the application. This waiver is granted when the applicant’s work is determined to be in the best interest of the United States.
- Demonstrating National Interest: Applicants must illustrate how their work significantly benefits the United States. This could be through contributions to the economy, education, health, culture, environment, or another field with national importance.
- No Requirement of Employer Sponsorship: One of the distinctive features of the NIW is that it does not require a job offer or employer sponsorship. Individuals can self-petition, giving them more flexibility and control over their immigration process.
- Fast-Track to Permanent Residency: Successful applicants under the EB-2 NIW Visa can proceed to apply for permanent residency (a green card) without the need for a sponsoring employer or the cumbersome labor certification process.
Contact us today to explore your eligibility and start your application. Call (385) 644-1859 or reach out online to schedule a consultation.

Showcasing Extraordinary Ability for the EB-2 Visa
Demonstrating extraordinary ability is a crucial aspect of obtaining an EB-2 Visa. Here’s a detailed description of how one can showcase their extraordinary ability for the EB-2 Visa application:
Exceptional Academic Background
Highlight an impressive academic background, such as degrees from renowned institutions, academic awards, scholarships, or honors, to demonstrate exceptional ability and expertise in the chosen field.
Professional Achievements
Showcase a robust professional record with accomplishments, patents, publications, and projects that significantly contribute to the field and demonstrate extraordinary skills and expertise.
Evidence of Scholarly Contributions
Present a portfolio of publications, articles, research papers, or book chapters authored or co-authored by the applicant, emphasizing the impact and importance of their contributions to the field.
Leadership and Critical Roles
Provide evidence of holding leadership positions, critical roles in projects, or being a key member of a team, illustrating the applicant’s significant influence and contribution within their professional setting.

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Application Process
The EB-2 Visa process follows this process:
- Eligibility Assessment: Determine eligibility based on exceptional ability or advanced degree, assessing the potential to meet the criteria for a National Interest Waiver.
- Document Preparation: Compile a strong portfolio of evidence showcasing exceptional ability, contributions to the field, and the national interest value of your work.
- Form I-140 Petition: Submit Form I-140, Immigrant Petition for Alien Worker, providing supporting documentation and a well-crafted petition letter outlining your case for a National Interest Waiver.
- Adjudication and Decision: USCIS reviews the petition and supporting documents to determine eligibility for the National Interest Waiver. Upon approval, applicants can progress towards permanent residency.
EB-2 NIW Visa Benefits:

Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 385-644-1859 today!
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What is a proposed endeavor?The purpose of the EB-2 project (referred to in the law as a "proposed endeavor") is to help you satisfy the FIRST "Prong" of the National Interest Waiver Requirement under Matter of Dhanasar.
In layman's terms, a proposed endeavor is a specific work (i.e, business, research, project, etc.) that you intend to engage in. The ideal scenario for you is to come up with a proposed endeavor that is sufficiently related to both your work experience AND your education. The reason that you should come up with a specific project is that you are arguing to immigration that you should NOT have to go through the normal labor certification (e.g., U.S. company job offer and sponsorship process) because you intend to engage in some kind of work that could have national benefits to the United States. One other additional persuasive argument for having a proposed endeavor of some kind is that you can argue that you are project is entrepreneurial in nature (and therefore it does not make sense to make you go through the normal job offer sponsorship process because you will be unable to carry out your project, and the U.S. will lose the benefits of your proposed project). Basically, the proposed endeavor isn't just a formality. It's your strategic pitch, showcasing why and how your presence and work in the U.S. will be a game-changer. A well-crafted proposed endeavor can be the difference between a straightforward approval and an uphill battle in the EB-2 NIW process.
Substantial merit and national importance both have very specific meanings as well. To keep it simple, substantial merit refers to whether there is inherent value in your endeavor. Substantial merit is fairly easy to prove - it can be shown in a wide range of areas, including business, entrepreneurship, science, technology, culture, health, or education, among others. National importance is more difficult to show - this generally refers to the potential of your specific project to impact the industry as a whole or otherwise benefit the U.S. at large. -
Can I apply for an EB-2 NIW if I am on an F-1 student visa or if I am outside of the USA?Yes, you can. Being on an F-1 student visa or residing outside of the USA does not prohibit you from applying for an EB-2 NIW.
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How long will my EB-2 NIW process take to process?It depends on whether one files via regular or premium processing. Regular processing, our cases are processed between 2.5 and 5 months, as of September 2023. Processing times will vary, so be sure to check current times online by visiting https://egov.uscis.gov/processing-times/. Many applicants choose to select premium processing – which takes 45 days to be adjudicated – to avoid the uncertainty of regular processing. Please note that premium processing comes with an additional cost of $2,500.

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