The EB-2 NIW Application Process
Required documents
Gathering the right documents is crucial for your EB-2 NIW application. Here's what you'll need:
Form I-140, Immigrant Petition for Alien Worker: This is the main form for your EB-2 NIW application. Unlike the O-1A, you can self-petition for the EB-2 NIW.
Supporting Evidence: This is where you prove you meet the EB-2 NIW criteria. This could include:
- Copies of advanced degrees or exceptional ability evidence
- Proof of achievements in your field (awards, patents, etc.)
- Documentation showing the national importance of your work
- Evidence of your ability to advance the proposed endeavor
- Proof of sustained national or international acclaim
Recommendation Letters: These are letters from experts in your field who can vouch for your abilities and the national importance of your work. They should focus on how your work serves the national interest of the United States.
Personal Statement: A detailed explanation of your proposed endeavor and its importance to the United States.
Evidence of Ability to Pay: If you're self-petitioning, include evidence of your ability to support yourself while pursuing your endeavor.
Photos: Recent passport-style photographs of yourself.
Filing Fee: The current filing fee for Form I-140 is $715. Premium processing fee is an additional $2,805.
How to apply
- Prepare Your Petition: Gather all required documents and complete Form I-140. Consider working with an immigration lawyer to strengthen your application.
- File the Petition: You can file the petition directly with USCIS. This can be done by mail or, in some cases, online.
- Wait for Processing: USCIS will review your petition. They may request additional evidence if needed.
- Receive Decision: If approved, you'll receive an approval notice. You can then proceed with adjustment of status if in the U.S., or consular processing if abroad.
How long it takes
- Regularly Processing: Regular processing typically takes 6 to 12 months. This is the standard timeline for USCIS to process your EB-2 NIW petition without any additional fees. Actual processing times can vary depending on USCIS workload and the specifics of your case.
- Premium Processing: For faster processing, you can opt for Premium Processing. For an extra fee (currently $2,805), USCIS guarantees to process your petition within 15 calendar days. This doesn't guarantee approval, just a faster decision.
- Adjustment of Status or Consular Processing: After I-140 approval, if you're in the U.S., filing for adjustment of status (Form I-485) can take an additional 8-14 months. If abroad, consular processing timelines vary by country.
- Track Your Application: You can track your application status online using the USCIS website. You'll need your receipt number, which you receive after filing.
- Timing Tips:
- Plan ahead: The EB-2 NIW process can take several years from start to finish.
- Consider visa bulletin: Check the visa bulletin regularly to understand when a visa number might be available for you.
- Maintain status: If you're in the U.S., ensure you maintain valid status throughout the process.
Remember, the EB-2 NIW visa process can be complex and time-consuming. Many applicants find it helpful to work with an experienced immigration attorney. They can guide you through each step, help prepare your documents, and answer any questions you have along the way.
Concluding thoughts
The EB-2 National Interest Waiver (NIW) can be a powerful pathway for advanced degree professionals and individuals with exceptional ability who aim to contribute significantly to the United States. While the application process is rigorous, it's also an opportunity to reflect on your professional achievements and articulate how your work can benefit the nation.
Remember, the journey to an EB-2 NIW is not just about immigration; it's about demonstrating your potential to make substantial contributions to your field and to the United States. Each step you take to strengthen your application - whether it's publishing groundbreaking research, developing innovative technologies, or leading impactful projects - is also advancing your career and increasing your influence in your field.
Whether you're a pioneering researcher, an innovative entrepreneur, a talented artist, or an accomplished professional in any field, the EB-2 NIW offers a pathway to bring your exceptional abilities to the United States. With careful planning, strategic career moves, and a clear understanding of the requirements, you can turn your exceptional abilities into exceptional opportunities that serve both your career goals and the national interest of the U.S.
As we conclude this guide, let's recap the key points about the EB-2 NIW: