EB-2 Visa Lawyers

EB-2 National Interest Waiver (NIW) Attorney

The EB-2 visa is an excellent option for professionals possessing advanced degrees or exceptional ability in their field of expertise. Individuals such as researchers, academics, physicians, and business managers often seek this visa to apply their skills and knowledge in the United States. Specifically, those eligible for the National Interest Waiver (NIW) can bypass the standard labor certification, expediting their immigration process.

What is an EB-2 Visa?

The EB-2 Visa is a preference category for United States employment-based permanent residency, reserved for individuals who hold advanced degrees or for those with exceptional ability in the arts, sciences, or business. It is second in priority among five categories and is hence named EB-2 (Employment-Based, Second Preference).

The applicants typically need a labor certification from the Department of Labor and a job offer from a U.S. employer unless eligible for a National Interest Waiver (NIW), which waives these requirements.

What is the National Interest Waiver?

The National Interest Waiver (NIW) allows prestigious individuals with exceptional ability, whose employment in the United States would greatly benefit the nation, to circumvent the labor certification process. This waiver is available to applicants who have exceptional abilities and can demonstrate that their employment in the United States would be of substantial national interest. 

Who Qualifies for an EB-2 Visa?

To qualify for an EB-2 Visa, an individual must fall under one of three categories: Advanced Degree, Exceptional Ability, or National Interest Waiver (NIW).

Advanced Degree

For the Advanced Degree category, applicants must have an official academic record showing they possess a U.S. master’s degree or higher or a foreign equivalent degree that is relevant to their prospective job or possess a U.S. bachelor’s degree or foreign equivalent and at least five years of progressive post-baccalaureate work experience.

Exceptional Ability

For the Exceptional Ability category, foreign nationals must possess a degree of expertise significantly above the ordinary in the sciences, arts, or business.

National Interest Waiver

The NIW category is for individuals whose proposed endeavor has both substantial merit and national importance and is expected to significantly benefit the United States.

To qualify for the National Interest Waiver (NIW), the applicant must meet the following criteria:

1. The Proposed Endeavor’s Merit and National Importance: The foreign national’s proposed endeavor must have both substantial merit and national importance. This can include a wide range of professional activities, including business, entrepreneurialism, science, technology, health, culture, or education.
2. Demonstrating Your Position to Advance the Proposed Endeavor: The foreign national must be well-positioned to advance the proposed endeavor. This implies that the individual has a plan that is likely to succeed due to their education, skills, knowledge, and record of success in related or similar efforts, a model or plan for future activities, any progress towards achieving the proposed endeavor, and the interest of potential customers, users, investors, or other relevant entities or individuals.
3. The Benefit Outweighs National Interest: The foreign national must prove that it is beneficial to the United States to waive the requirements of a job offer and, thus, of a labor certification. The applicant’s credentials must make a compelling case that they can serve the national interest to a substantially greater extent than an available U.S. worker having the same minimum qualifications.

What Are The Benefits of an EB-2 Visa? 

EB-2 visas offer a variety of benefits to those who qualify for them. These include: 

• Eligibility to apply for permanent residency in the United States; 
• Ability to work, study, and travel freely within the U.S.; 
• Eligibility for certain family members to accompany the visa holder; 
• Possibility of obtaining expedited processing through a National Interest Waiver (NIW); and 
• A path to U.S. citizenship. 

What is the Process to Apply for the EB-2 Visa? 

Under the National Interest Waiver

The process to apply for the EB-2 Visa under the National Interest Waiver involves several steps:

Prepare the EB-2 NIW Petition: This involves compiling all the necessary documents to demonstrate how you meet the NIW criteria. This can include letters of recommendation, evidence of your work, and documentation of your qualifications.

File Form I-140, Immigrant Petition for Alien Workers: This form is filed with U.S. Citizenship and Immigration Services (USCIS). It is used to petition for an alien worker to become a permanent resident in the United States.

Wait for the I-140 Processing: USCIS will review your petition and make a decision. This process can take several months.

Apply for an Adjustment of Status (Form I-485) or Apply for an Immigrant Visa: If you are already in the U.S., you can apply for an adjustment of status to become a permanent resident. 

Wait for the Decision: Processing times vary, but once a decision is made, you will receive a notice from USCIS. 

Without a National Interest Waiver

The process to apply for the EB-2 Visa without a National Interest Waiver involves several steps:

1. Obtain a PERM Labor Certification: This involves your employer demonstrating that they have tested the job market to make sure there are no qualified and willing U.S. workers for the position you are being offered. 
2. File Form I-140, Immigrant Petition for Alien Workers: Your employer will file this form with U.S. Citizenship and Immigration Services (USCIS). It is used to petition for an alien worker to become a permanent resident in the United States.
3. Wait for the I-140 Processing: USCIS will review the petition and make a decision. 
4. Apply for an Adjustment of Status (Form I-485) or Apply for an Immigrant Visa: If you are already in the U.S., you can apply for an adjustment of status to become a permanent resident. If you’re outside the U.S., you’ll need to apply for an immigrant visa at a U.S. consulate in your home country.
5. Wait for the Decision: Processing times vary, but once a decision is made, you will receive a notice from USCIS. 

Remember, each step may require additional forms to be completed and additional fees to be paid. It is highly recommended to consult with an immigration attorney to ensure that the process is handled correctly.

How Can Our EB-2 Attorneys Help? 

Our team of skilled EB-2 attorneys can assist you in several ways:

Expert Guidance:

We provide comprehensive legal advice on the EB-2 visa application process, ensuring that you understand every step.

Application Preparation:

Our attorneys will aid in preparing and filing your visa application, ensuring it’s accurately completed to avoid any delays with the United States Citizenship and Immigration Services.

Documentation Assistance:

We will guide you in gathering all necessary supporting documents, ensuring that all requirements are meticulously met.

National Interest Waiver Assessment:

Our lawyers can evaluate your eligibility for the National Interest Waiver, potentially accelerating your immigration process.

Personalized Approach:

We tailor our services to your unique situation, ensuring a strategy that maximizes your chances of attaining an EB-2 visa.

What is the Difference Between an EB-2 Visa Case and an EB-2 NIW Visa Case?

An EB-2 Visa case and an EB-2 National Interest Waiver (NIW) Visa case, while both falling under the broader EB-2 category, carry distinct differences primarily in terms of the application process and requirements.

For a regular EB-2 Visa case, the employer needs to obtain a labor certification from the Department of Labor demonstrating that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the intended area of employment. This process is designed to ensure that the arrival of foreign workers will not adversely affect job opportunities, wages, and working conditions of U.S. workers.

On the other hand, an EB-2 NIW Visa case allows certain individuals with exceptional ability and whose employment in the United States would greatly benefit the nation to bypass the labor certification process and the job offer requirement. This waiver is especially beneficial for those who are self-employed or work in unique fields where traditional job offers do not exist. The burden of proof, in this case, is typically higher, with the individual demonstrating that their proposed endeavor will have substantial merit and national importance, leading to significant benefits to the United States.

Bashyam Global LLP: Your Trusted Immigration Lawyers

At Bashyam Global LLP, our team of experienced EB-2 visa lawyers is committed to providing comprehensive legal assistance to our clients. Our expertise lies in understanding the complex immigration system and navigating it efficiently. With a deep commitment to our clients, we provide personalized legal services, ensuring that each case receives the attention and expertise it deserves. We strive to make the immigration process smooth and hassle-free for our clients, allowing them to focus on their professional contributions to the United States. Contact us online or call us at 919-833-0840 for a consultation today.