EB-2: National Interest Waivers
The EB-2 green card/permanent residence category is available to certain foreign nationals who can demonstrate advance standing or exceptional ability in the sciences, arts, or business. Through a National Interest Waiver (NIW), qualified individuals may self-petition for permanent residence, avoiding the need for a U.S. employer to obtain a labor certification (PERM) and sponsor you with a job offer.
An EB-2 NIW petition is the first stage in obtaining permanent residency (i.e. a “green card”) via this category.
Our team can assist you in putting forward a strong EB-2 case that your work truly serves the national interest.
Here are some key things to know about the EB-2 NIW:
Who is eligible?
There are two general grounds for eligibility:
- Advanced Degree: Master’s degree (or foreign equivalent), or a bachelor’s plus at least five years of progressive, post-baccalaureate experience in the field.
- Exceptional Ability: A degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
What must be proven?
To qualify for a National Interest Waiver, it must be shown that:
- (1) Your proposed endeavor has substantial merit and national importance. Typically, this is work in STEM, healthcare, education, cultural enrichment, economic development, etc.
- (2) You are well-positioned to advance that endeavor. This may include publications, patents, contracts, media coverage, endorsements, grant funding, letters from experts. etc., and
- (3) On balance, it would be beneficial to the United States to waive the usual requirement of a job offer and labor certification. This requires that the benefit of your work outweighs the U.S. Department of Labor’s interest in protection of U.S. workers via traditional PERM/labor certification.
What are the associated costs?
- Legal Fees: As a general guideline our competitive fees for the preparation and filing of an EB-2 NIW petition are around $5,000.
- Government Filing Fees*: Government filing fees for the EB-2 NIW petition are, for most cases, $1,015.00 for standard processing (typically 4-6 months). USCIS also offers an expedited 15-day service for an additional $2,805.00.
* Note: These fees are for preparation and filing of the EB-2 NIW only. Additional fees will apply for the final stage (Consular Processing, or an Adjustment of Status). Government filing fees change regularly. For up-to-date fees, verify the USCIS Fee Schedule here.
What happens after an EB-2 NIW is approved?
The EB-2 NIW petition is the first stage in obtaining permanent residency (a “green card”) via this category. After an EB-2 NIW petition is approved, the individual may either:
- Seek Consular Processing: This is a method of obtaining permanent residency while outside the United States. This is less common, but there are situations where it may be preferred. The process takes 1-2 years.
- File an Adjustment of Status (AOS): This is the most common method, and allows the person to adjust to that of permanent residency within the United States. The process takes 1-2 years, but the applicant may remain in the U.S. while it is pending. USCIS also permits the applicant to concurrently file for a work and travel permit, while they wait.
Note that filing via either Consular Processing or an Adjustment of Status is only possible once a “visa number” has become available. The wait times vary depending on country of birth. Additional legal and government filing fees will be necessary for the final stage of seeking permanent residency.
IMPORTANT: The information provided on this page is intended for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, immigration law is complex and subject to change. Viewing this page, or contacting Advocates for Law and Justice (ALJ Law) through this website or other means, does not create an attorney-client relationship. An attorney-client relationship can only be established through a formal written agreement.
Every immigration situation is unique and depends on specific facts and circumstances. Therefore, the information on this page, including approximate fees, may not be applicable to your individual situation. You should not act or rely on the information on this website without seeking the advice of a licensed immigration attorney. Advocates for Law and Justice disclaims all liability for actions taken or not taken based on the contents of this site.