USA EB-2 NIW Migration Visa Process

What is the EB-2 NIW Visa?

The EB-2 NIW is a subcategory of the employment-based second preference (EB-2) visa, designed for individuals of exceptional ability or those holding advanced degrees. What sets the NIW apart is the waiver of the typical job offer and labor certification requirement. This waiver is granted if it's deemed to be in the "national interest" of the United States. This means you can self-petition for your Green Card, giving you more control over your immigration process.

Who Qualifies for an EB-2 NIW?

To qualify for an EB-2 NIW, you must meet two main criteria:

1. EB-2 Eligibility: You must first qualify for the general EB-2 visa category by demonstrating either:

* An Advanced Degree: A U.S. master's degree or higher, or a foreign equivalent. Alternatively, a U.S. baccalaureate degree or foreign equivalent followed by at least five years of progressive post-baccalaureate experience in your specialty.

* Exceptional Ability: You must show a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. This can be evidenced by meeting at least three of the following criteria:

* An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.

* Letters from current or former employers documenting at least ten years of full-time experience in your occupation.

* A license to practice your profession or certification for your occupation.

* Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.

* Membership in professional associations.

* Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.

The EB-2 NIW Application Process

Navigating the EB-2 NIW application can be complex, requiring meticulous documentation and a compelling narrative. Our experienced immigration legal team can guide you through each step:

1. Initial Consultation & Eligibility Assessment: We'll evaluate your qualifications and the strength of your proposed endeavor.
2. Evidence Gathering & Strategy: We'll help you collect and organize robust evidence to support both your EB-2 eligibility and the three prongs of the National Interest Waiver.
3. Petition Preparation (Form I-140): We will meticulously prepare and file your Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
4. Responding to RFEs: If USCIS issues a Request for Evidence (RFE), we will prepare a comprehensive and timely response.
5. Adjustment of Status (I-485) or Consular Processing: Once your I-140 is approved and your priority date is current, we'll assist with your application for Adjustment of Status within the U.S. or guide you through Consular Processing if you are outside the U.S.

Why Choose Our Firm for Your EB-2 NIW?

• Proven Track Record: Our firm has a strong history of successful EB-2 NIW approvals for professionals across diverse fields.
• Deep Expertise: We possess in-depth knowledge of the ever-evolving immigration laws and USCIS adjudication trends.
• Personalized Strategy: We understand that every case is unique. We craft tailored strategies that highlight your individual strengths and contributions.
• Comprehensive Support: From initial assessment to Green Card approval, we provide end-to-end guidance and support.

Ready to Explore Your Options?

Don't let the complexities of immigration law deter you from achieving your American dream. Contact us today for a consultation to discuss your EB-2 NIW eligibility and how we can help you build a strong case for permanent residency in the United States.