EB-2 National Interest Waiver (NIW) Lawyers | ABP LAW
Green Cards for Advanced Degree Professionals and Individuals with Exceptional Ability
At ABP LAW, we assist highly skilled professionals and advanced degree holders in obtaining lawful permanent residency through the EB-2 National Interest Waiver (NIW) — a powerful pathway to a U.S. green card that allows individuals to self-petition without requiring a specific job offer or labor certification.
What is the EB-2 NIW?
The EB-2 NIW is an immigration category designed for individuals who either:
- Hold an advanced degree (Master’s or higher, or a Bachelor’s with at least five years of progressive experience), or
- Possess exceptional ability in sciences, arts, business, medicine, or athletics.
What sets the National Interest Waiver apart is that it waives the standard job offer and PERM labor certification requirements, provided the applicant can demonstrate that their work is of substantial merit and benefits the national interest of the United States.
Key Benefits of the EB-2 NIW
- No Job Offer Required: Applicants can self-petition without relying on employer sponsorship.
- No Labor Certification Needed: Bypasses the lengthy PERM process.
- Flexibility: You are not tied to a specific employer or geographic location.
- Faster Processing (with Premium Processing): As of January 30, 2023, USCIS allows premium processing for EB-2 NIW petitions, potentially reducing adjudication time to 45 days.
Who Qualifies for the EB-2 NIW?
To qualify, applicants must meet two sets of requirements:
1. EB-2 Basic Eligibility
You must either:
- Possess an advanced degree or its equivalent, or
-
Demonstrate exceptional ability in your field (meeting at least three of the following):
- A degree related to your area of expertise
- Letters proving 10+ years of experience
- Licensure or certification
- A high salary indicating your level of ability
- Membership in professional associations
- Recognition of achievements or contributions to your field
2. National Interest Waiver Criteria (The Three-Prong Test from Matter of Dhanasar, 2016)
You must prove that:
- Your work has substantial merit and national importance
- You are well-positioned to advance your proposed endeavor
- It benefits the U.S. to waive the job offer and labor certification requirement
Common Fields for EB-2 NIW Applicants
Applicants across a broad range of disciplines may qualify, including:
- Scientific Research & Innovation
- Public Health & Medicine
- Engineering & Technology
- Renewable Energy & Climate Science
- Business & Entrepreneurship
- Education & Social Policy
Frequently Asked Questions
Do I need a job offer for an EB-2 NIW?
No. The NIW is a self-petitioning process—no job offer or employer is required.
Is the EB-2 NIW difficult to get approved?
It requires a well-documented petition and persuasive legal argument. While approval is attainable, USCIS data reflects a rejection rate of over 15%, making expert legal guidance critical.
Is an interview required for EB-2 NIW?
The I-140 NIW petition itself generally does not require an interview. If concurrently filing Form I-485 (Adjustment of Status), USCIS may schedule an interview as part of that process.
What happens after my EB-2 NIW is approved?
- If in the U.S., file Form I-485 to adjust status.
- If abroad, proceed through consular processing. Once approved, you will receive your Green Card and gain lawful permanent resident status.
Can I get a Green Card faster through EB-2 NIW?
Yes, especially if you are from a country without visa backlogs. NIW cases benefit from self-petitioning and premium processing options.
Why Choose ABP LAW for Your EB-2 NIW?
At ABP LAW, we provide tailored legal strategies for professionals seeking to advance their careers in the United States. Our attorneys bring deep experience in employment-based immigration and have successfully handled NIW petitions across diverse industries. We understand that each client’s background is unique—and we work closely with you to develop compelling evidence, articulate the national importance of your work, and guide you through every step of the process.
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