EB-2 National Interest Waiver

At Path to Immigration, our EB-2 NIW attorneys are adept at guiding highly skilled individuals and those with advanced degrees through the U.S. green card process using the National Interest Waiver (NIW). This path has become increasingly accessible since significant legal updates in 2016, which relaxed the eligibility criteria, simplifying the application process for many foreign nationals.

Understanding the EB-2 NIW

The EB-2 NIW, an employment-based second preference visa, allows you to bypass the usual requirement for employer sponsorship and the labor certification process. This makes it an attractive option for those who qualify under its guidelines.

Recent Updates and Resources: There have been numerous changes and updates in the EB-2 NIW area in recent years. To stay informed about the latest developments, we encourage you to check out the articles on our site for up-to-date information and insights.

Eligibility and Application Process

General EB-2 Eligibility Test

You may qualify for an EB-2 NIW if you:

• Hold an advanced degree (Master’s or Ph.D.) or its equivalent (a Bachelor’s degree plus 5 years of progressive experience in your field).
• Have exceptional ability in your field of expertise.

National Interest Waiver Test

After meeting the general EB-2 eligibility criteria, you must also satisfy the three prongs of the National Interest Waiver test, as established by the Matter of Dhanasar precedent:

1. Substantial Merit and National Importance: Your proposed endeavor has substantial merit and national importance.
2. Well Positioned to Advance the Proposed Endeavor: You are well-positioned to advance the work.
3. Benefit to the U.S.: It would be beneficial for the United States to waive the traditional job offer and labor certification requirements to allow you to work in the U.S.

Application Strategies

• Concurrent Filing: If your NIW profile is strong and your EB-2 priority date is current, you may file your I-140 Immigrant Petition and I-485 Adjustment of Status Application simultaneously.
• Separate Filing: If there are uncertainties about your NIW profile strength, you may opt to file the I-140 first and the I-485 after I-140 approval, provided your priority date is current.

Advantages of an NIW Green Card

• No Employer Sponsorship Required: You can self-petition, freeing you from dependence on a specific job offer.
• No PERM Labor Certification: You are exempt from proving a shortage of U.S. workers in your field.
• Less Stringent than EB-1A: The eligibility criteria are less demanding compared to the EB-1A category, which often requires proof of extraordinary ability.

Filing Benefits for Applicants from India or China

Applicants born in India or China face longer waits due to visa backlogs. However, an approved NIW I-140 petition can offer several benefits:

• H-1B Extensions: Beyond the standard six-year limit.
• H-4 Work Authorization: For your spouse.
• Priority Date Retention: For future I-140 petitions under different categories.

EB-2 NIW Visa Costs (as of April 1, 2024)

• I-140 Filing Fee: $715
• I-485 Filing Fee: $1,440 for the main applicant; varying fees for dependents.
• Attorney Fees: $4,000 for NIW I-140; $2,000 for I-485, plus additional for dependents.

Why Choose Our Los Angeles EB-2 NIW Attorneys? Our dedicated team specializes in the EB-2 NIW, leveraging extensive experience to maximize the success of your application. We collaborate closely with each client, ensuring bespoke strategies tailored to your unique situation.