EB-2 National Interest Waiver (NIW): A–Z Guide
The EB-2 National Interest Waiver allows qualified professionals to self-petition for a U.S. green card by demonstrating that their work benefits the national interest. Follow these steps from eligibility to green card issuance.
1. Program Overview
- No Labor Certification: Waives the PERM requirement when national interest is shown.
- Self-Petition: No employer sponsorship needed—file your own I-140.
- Eligible Beneficiaries: You, your spouse, and unmarried children under 21.
2. Eligibility Criteria
- Advanced Degree or Exceptional Ability: Master’s or higher, or equivalent experience; or exceptional ability in sciences, arts, or business.
- Substantial Merit & National Importance: Your endeavor must have significant impact on the U.S.
- Well-Positioned: You must demonstrate expertise and past achievements that predict success.
- Waiver Benefit: On balance, waiving job offer/labor certification benefits the U.S.
3. Documentation Requirements
- Evidence of degree certificates, transcripts, or letters proving exceptional ability.
- Detailed personal statement outlining your proposed endeavor and national impact.
- Reference letters from experts confirming your accomplishments and role.
- Published works, patents, awards, or media coverage as supporting evidence.
4. Step-by-Step Process
| Step | Action | Approx. Timeline |
|---|---|---|
| 1. Eligibility Assessment | Review criteria & compile preliminary evidence | – |
| 2. I-140 NIW Petition | Prepare & file Form I-140 with NIW request | 6–9 months |
| 3. Premium Processing (Optional) | File Form I-907 if NIW premium processing is available | 15 calendar days |
| 4. Consular Processing / AOS | File DS-260 (abroad) or I-485 (in U.S.) for green card | 6–12 months |
| 5. Green Card Issuance | Attend interview (if required) & receive permanent residency | – |
5. Due Diligence & Risk Management
- Case Strength: Ensure strong letters and clear national interest narrative.
- Legal Review: Work with experienced NIW attorneys to avoid RFEs.
- Documentation Audit: Verify all evidence is properly translated and certified.
- Timeline Planning: Factor in possible USCIS Requests for Evidence (RFEs).
6. Frequently Asked Questions (FAQ)
- Can I work for any employer? Yes—NIW grants open work authorization upon green card approval.
- Do I need a job offer? No—NIW is employer-independent.
- What counts as “national interest”? Projects with substantial economic, cultural, educational, or scientific impact.
7. Why Partner with GVS Co., Ltd.
- Comprehensive NIW case evaluations and strategy planning.
- Expert drafting of I-140 petitions and supporting evidence.
- Ongoing support through consular or adjustment of status process.
Start Your NIW Journey with GVS
Secure your U.S. green card through the EB-2 National Interest Waiver. Schedule your free consultation today!
📞 Schedule a Free Consultation📧 info@gvscoltd.com | 📱 +82-10-3707-9259 / +82-2-6104-0123