The EB-2 National Interest Waiver (NIW) is a pathway for foreign nationals, including Nigerian citizens, to obtain permanent residency (green card) by demonstrating that their work is of national interest to the United States.
A complete guide for EB-2 NIW: : Everything You Need to Know about this Green Card Pathway
Understanding the EB-2 Visa Categories
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability, or qualify for a national interest waiver. The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
There are three subcategories within the EB-2 visa:
- EB-2A (Advanced Degree): Requires an advanced degree or its foreign equivalent plus 5 years of post-baccalaureate or any other progressive work experience in your field.
- EB-2B (Exceptional Ability): Requires demonstrating exceptional ability in the sciences, arts, or business.
- EB-2C (National Interest Waiver): Allows individuals with exceptional ability and whose employment in the United States would greatly benefit the nation to request that the Labor Certification be waived.
Requirements for EB-2A Visa (Advanced Degree)
If you are applying for an EB-2A visa via the Advanced Degree criteria, you will need an advanced degree in your field or its foreign equivalent plus 5 years of post-baccalaureate or any other progressive work experience in your field.
Specifically, you must possess:
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- An advanced degree above the baccalaureate level or
- A baccalaureate degree or foreign equivalent plus at least five years of progressive post-baccalaureate professional experience.
This can be shown in one of two ways:
- Degree above the baccalaureate level.
- Baccalaureate degree or foreign equivalent plus at least five years of progressive post-baccalaureate professional experience.
To prove this, you must provide:
- Baccalaureate degree or foreign equivalent
- Letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in your specialized field
- A doctoral degree (or foreign equivalent)
Requirements for EB-2B Visa (Exceptional Ability)
To apply for an EB-2B Visa via the Exceptional Ability criteria, you must demonstrate exceptional ability in the sciences, arts or business. To have ‘exceptional ability’ means possessing “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business”.
To prove this expertise, you must meet at least three of the following criteria:
- Official academic records showing that you have a degree, diploma, certificate, or a similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession/occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Any other comparable evidence of eligibility
Requirements for EB-2C Visa (National Interest Waiver)
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Individuals with exceptional ability and whose employment in the United States would greatly benefit the nation can request that the Labor Certification be waived by applying for a national interest waiver.
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To apply for this waiver, the applicant must demonstrate that it is in the nation’s interest that US Citizenship and Immigration Services (USCIS) waive the job offer requirement. To do this, the applicant must provide evidence of an advanced degree or exceptional ability along with meeting the National Waiver criteria, which are as follows:
- The proposed endeavor has both substantial merit and national importance
- The applicant is well-positioned to advance the proposed endeavor
- It would be beneficial to the United States to waive the requirements of a job offer and, thus, the labor certification
Along with their self-petitioned Form I-140 (Petition for Alien Worker), those seeking a national interest waiver must also file their labor certification directly with USCIS.
The Matter of Dhanasar
In late 2016, the Administrative Appeals Office (AAO) issued a precedent decision in the Matter of Dhanasar. The Matter of Dhanasar replaced the previous framework established in the Matter of New York State Department of Transportation (NYSDOT). This framework provides a more flexible approach to evaluating eligibility for national interest waivers and considers the overall impact of an individual’s work in the United States and for its national benefit.
In the NYSDOT framework, in order to qualify for a national interest waiver, an applicant had to show that their work was of “intrinsic merit” and “national importance,” and that they had a record of success in the field. “National importance” means that the foreign national must demonstrate that their activities and contributions are beneficial to the United States. It is important to point out that although listed as only one prong, it actually has two sub-prongs that must be proven separately.
Key Factors for a Successful EB-2 NIW Application
To increase your chances of success, focus on the following:
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- Clearly define and explain your field of expertise: It is critical to clearly define your field of expertise.
- Showcase significant contributions: Highlight specific projects, research, or innovations that showcase the impact of your work.
- National Interests: Articulate how your work aligns with the national interests of the United States. Whether it’s contributing to economic growth, advancing technology, or addressing critical issues, make a compelling case for the broader benefit with corroborating evidence.
- Highlight the uniqueness of your work: Clearly demonstrate the uniqueness of your skills and expertise.
- Strong and meaningful letters of recommendation: Obtain strong letters of recommendation from reputable sources within your field. These letters should highlight the impact and significance of your work, emphasizing its national importance.
These letters should come from reputable sources within your field, such as universities, government or research institutions, or companies. It is vital to address the labor certification waiver requirement. You will need to demonstrate that your work will lead to future contributions that align with the national interest.
Discuss upcoming projects, collaborations, or initiatives that demonstrate your commitment to make ongoing and impactful contributions. You must make a compelling case for the uniqueness and impact of your contributions.
Absent a solid job offer in the field of endeavor (or written evidence of potential employer interest), an individual’s personal statement about their current and proposed endeavors is essential. USCIS evaluates the individual’s education, skills, knowledge, record of success, and potential for success in their field.
Application Process for EB-2 Visas
EB-2A and EB-2B applicants must first have their employer file Form I-140 (Petition for Alien Worker) and wait for their priority date (a spot to open up in the visa bulletin). Those seeking a national waiver can self-petition with Form I-140 (Petition for Alien Worker). To do this, the employer can submit an annual report, federal tax return, or audited financial statement to prove they have the funds.
To sponsor a foreign worker for an EB-2 visa, the employer must first file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System. Employers must undergo an extensive recruitment process to ensure that no qualified American workers are available for the position.
Once all the requirements are met, the Department of Labor will issue a PERM form, and the employer can then sponsor a foreign worker for an EB-2 visa. After this, the officer will ask you questions regarding your application. Questions are generally at the interviewer’s discretion; however, the interviewer will likely ask about your background, job qualifications, and details about your job offer in the US and your employer.
EB2 Visa Fees
Depending on your case and unique circumstances, the costs associated with an EB2 visa will vary. The employer will be responsible for any costs of acquiring a PERM form. Currently, the filing fee for the PERM form is not charged.
EB2 Visa Processing Time
The wait time for this will depend on several factors, such as if there is a USCIS backlog of visa applications and what country an applicant is applying from. For instance, the wait time is much longer if you apply from China or India.
The average processing time for Form I-140 is around 6-9 months. Premium Processing is available for their Form I-140. This expedited processing will process your visa application in 15 calendar days. If you choose to have your application premium processed, you must first file Form I-907 (Request for Premium Processing Service) and pay the fee. This service is not available for those EB2 visa applicants who are seeking a National Waiver.
For those who need a PERM Labor Certification, the process can take an additional 8 months to 2 years. This depends on how your employer conducts its recruitment process and whether it is audited. If you need more details about this process and how long it will take, it is recommended that you speak with an experienced immigration attorney who can advise you on your timeline and options.
Medical Examinations and Vaccinations
To be approved for a US immigrant visa, all applicants must complete a medical evaluation proving that they are healthy enough to enter and live in the United States without posing a risk to the general public. In addition to this medical examination, the applicant must also receive the required vaccinations.
Instructions on what specific vaccinations are needed, along with the required medical examination form, will be sent to the applicant in the first NVC packet. A licensed doctor must sign all medical forms. These will be included in the evidence portfolio that will be submitted later.
How to Apply for an EB-2 Visa While Living Outside the United States
We have received many inquiries from potential clients asking if it is possible to apply for a green card via employment-based immigration while living outside the United States. The short answer is yes.
For most of the employment based categories, the foreign national needs employers to act as the sponsors/petitioners for the application, but there are two exceptions: EB-1A (Alien of Extraordinary Ability) and EB-2 NIW (National Interest Waiver).
With the exception of EB-1A and EB-2 NIW, every employment-based immigrant petition requires an employer acting as a petitioner on their behalf. Those who are seeking a National Interest Waiver Visa may self-petition for their EB2 permit. In this case, you are exempted from the PERM requirement.
The first step involves filing an I-140 to qualify yourself under a certain immigration category, such as EB-1A or EB-2 NIW. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as permanent residents.
The “Immigrant Visa Processing” (IVP) will begin when your I-140 petition is approved and priority date becomes current in the Dates for Filing chart in the monthly visa bulletin (here). Upon I-140 approval, the USCIS will forward your I-140 approval to the National Visa Center (NVC), after which NVC will send you the payment invoice if your priority date is current or close to being current.
You will need to prepare the supporting documents to send to NVC, and NVC will review the documents. Afterwards, you have to wait for your priority date to become current in the Final Action Dates chart in the monthly visa bulletin and for the local consulate to contact you for an interview. After receiving your immigrant visa, you must enter the United States within your visa’s validity period, which is usually 6 months after you obtain the visa.
As soon as you enter the United States using your immigrant visa, you will become a Legal Permanent Resident, as evidenced by the I-551 stamp in your passport. Based on our firm’s recent data, it usually takes around 5-8 months to complete “Immigrant Visa Processing” (IVP) from the day the I-140 petition is approved.
Do You Need a Job Offer?
No. You do not need a job offer if you apply under a self-petitioned category such as EB-2 NIW (National Interest Waiver) or EB-1A (Alien of Extraordinary Ability). As long as you satisfy, and intend to continue satisfying, the requirements of whichever category under which you file your petition, you can apply for an employment-based green card.
At the time that you attend your IVP interview, you do not necessarily have to have an offer for any of the positions for which you applied at the I-140 stage, but you should be able to provide updated evidence of potential employment (such as recent job applications) to show that you still intend to continue working in your field of expertise (as required for EB-1A and EB-2 NIW) and that the work you would be doing would be considered nationally important and would serve to advance the proposed endeavor indicated in your I-140 petition (and as required for EB-2 NIW).
How We Can Help
The number of foreign nationals who wish to get an EB2 Green Card is high every year. Since this visa can offer an accessible route to permanent residence, the USCIS only approves up to 40,040 relevant applications. Consequently, it is strongly advised to seek expert guidance from an immigration lawyer.
IAS can offer you one of its best attorneys, with a track record in successful Green Card applications. We can review your case and assess if you meet the “exceptional ability” requirements. Therefore, we will determine if your support documents are adequate and need any review or translation. We will also prepare you for your interview.
Our service includes:
- Review if you meet the EB-2 requirements;
- Check your supporting documentation;
- If you are self-petitioning, we can help you complete your application forms to the highest standard;
- Liaise with your sponsor and the DOL;
- Provide our best support for your PERM Certification.
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