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EB-2 NIW Visa

The EB-2 National Interest Waiver (NIW) visa is a U.S. employment-based, second-preference visa that allows foreign nationals with advanced degrees or exceptional ability to apply for a Green Card without the need for a specific job offer or labor certification, if their work benefits the national interest of the United States.

Who Is Eligible for the EB-2 NIW Visa?

The EB-2 NIW (National Interest Waiver) is available to individuals who qualify under the EB-2 category and can demonstrate that their work has substantial merit and national importance to the United States. Applicants may self-petition, meaning they do not need a U.S. employer to sponsor them.

Advanced Degree

Hold a U.S. advanced degree or a foreign equivalent (Master’s, PhD, or higher). Alternatively, a Bachelor’s degree plus at least five years of progressive work experience in the same field.

Exceptional Ability

Demonstrate a level of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Evidence may include academic records, professional licenses, high salary, or recognized achievements.

National Interest Waiver (NIW) Criteria

To qualify for a National Interest Waiver, the applicant must meet the following three criteria (per the Dhanasar framework):
1. The proposed endeavor has substantial merit and national importance.
2. The applicant is well positioned to advance the proposed endeavor.
3. It would be beneficial to the United States to waive the requirement of a job offer and labor certification.

Benefits of the EB-2 NIW Visa

• No job offer or labor certification required.
• Can self-petition without employer sponsorship.
• Eligible to work and live permanently in the United States.
• Spouse and unmarried children under 21 can apply for Green Cards as dependents.
• Option to apply for U.S. citizenship after obtaining permanent residency.

Application Process for EB-2 NIW Visa

Step 1: Prepare evidence to demonstrate eligibility and national interest.
Step 2: File Form I-140, Petition for Alien Worker (self-petition possible).
Step 3: File Form I-485 (Adjustment of Status) if inside the U.S., or Form DS-260 if applying from outside the U.S.
Step 4: Complete the required medical examination and vaccination.
Step 5: Attend the visa interview.
Step 6: Receive the Green Card upon approval.

Family of EB-2 NIW Visa Holders

The spouse and unmarried children (under 21 years of age) of EB-2 NIW applicants may apply for derivative permanent residence. The spouse may apply under E-21 status, and children may apply under E-22 status.

EB-2 NIW Visa Processing Time

Processing times for the EB-2 NIW vary depending on the service center and the applicant’s country of origin. Typically, it takes between 10 to 26 months for the Form I-140 petition to be processed, followed by 6 to 12 months for adjustment of status or immigrant visa issuance.

EB-2 NIW Visa Cost

The estimated government fees for the EB-2 NIW visa are as follows:
• Form I-140 Petition Fee: $700
• Form I-485 (Adjustment of Status): $1,140 (plus $85 biometrics fee, if applicable)
• Medical examination and related costs: Varies by provider
• Premium processing (optional, if available): $2,805

How Kingdom Migrate Can Help You

• Personalized eligibility assessment and strategy planning.
• Expert preparation of the petition and supporting documents.
• Guidance throughout the USCIS process.
• Dedicated client support until visa approval.

Address: Sheikh Rashid Tower World Trade Centre Dubai UAE

Phone: 00971 4 4462045

Phone: +1 914 6390676

Email: info@kingdommigrate.com

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