USA EB2 National Interest Waiver Visa Application Process

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

In this article, Dr. Ergül Çeliksoy, co-founder of CK Law Firm, explains the answers to frequently asked questions in the US EB2 National Interest Waiver visa application process. When you read this article, you will learn the answers to the following questions in detail:

• What is an EB2 National Interest Waiver (EB2 NIW) Visa?
• How to Apply for EB2 National Interest Waiver Visa?
• Forms to be filled in for EB2 NIW Visa
• How Much Are EB2 NIW Visa Fees?
• Where to Apply for EB2 NIW Visa?
• What is the Process After Applying for EB2 NIW Visa?
• How Long Does it Take to Process an EB2 NIW Visa?
• What does RFE (Request for Evidence) mean?
• You can get a Green Card with EB2 NIW Visa?

What is the EB2 National Interest Waiver (EB2 NIW) Visa?

The first and perhaps most important thing to know about the EB2 National Interest Waiver (EB2 NIW) visa is that you do not need a job offer or sponsorship from a US employer to apply. To apply for EB2 NIW, it is enough to be an expert, successful, and competent in your field. In other words, everything depends on you and what you have achieved in your career so far. You can apply for the EB2 NIW visa based on your achievements in your field.

Additionally, you do not need to take exams like IELTS or TOEFL to demonstrate your English proficiency to apply for the EB2 NIW visa. A frequently asked question by doctors is whether it is necessary to pass the USMLE exam. The answer is no; you do not need to take the USMLE exam to apply for the EB2 NIW visa or even to get a Green Card after this visa is approved.

What matters for this visa is your competence and success in your field and meeting the necessary conditions for the visa. You can read our detailed article on the requirements for the EB2 NIW visa.

How to Apply for the EB2 National Interest Waiver Visa?

The EB2 NIW visa requires comprehensive, detailed, and meticulous work. You must demonstrate in detail and consistently that you meet each of the visa criteria in your application. Therefore, a comprehensive application file must be prepared. As lawyers, we sometimes prepare very comprehensive Attorney Support Letters (application petitions) that can reach 50-60 pages. Additionally, supporting documents showing that you meet the visa criteria must be included in your application. You can use diplomas, transcripts, documents showing your education, work experiences, successfully completed projects, important certificates in your field, training you have received, conferences you have attended, interviews and news articles about you, publications in your field, research grants you have received, and reference letters from other experts in your field to support your application.

Since each application is evaluated based on its own merits, you will need to assess what types of documents you can use to support your application. Generally, you can use all documents you think will strengthen your application. The EB2 NIW applications we prepare are usually 500-600 pages long, sometimes even longer. As you can see, you need to work very comprehensively and meticulously.

Forms to be Completed for the EB2 NIW Visa

After preparing your application, you need to fill out some forms to include in your application package. The first form required for the EB2 NIW visa is Form I-140. You can find the most current version of this form on the USCIS Immigration Bureau’s website. You must complete Form I-140 carefully and accurately. Any mistake or omission in the form can delay your process. At this point, it is important whether you are in Turkey or the US, or whether you will follow the process from Turkey or the US. If you will follow the process from Turkey, you need to select item 1a in the Processing Information section of Part 4 of Form I-140. Here, you are asked if you will process through a consulate outside the US. Then, in item 1b, you enter Ankara, and in item 1c, you enter Turkey. Since the US Consulate in Ankara is the only authorized place for immigration visas in Turkey, your process will be followed from there. If you will follow the process from within the US, you select item 2a in the Processing Information section of Part 4 of Form I-140. Thus, after your EB2 NIW visa is approved by the Immigration Office, you can apply for Adjustment of Status within the US to get a Green Card. In addition to Form I-140, there is a form called ETA 9089 Application for Permanent Employment Certification. You need to fill out sections J, K, L, and M of this form. The most current version of this form is available on the Department of Labor’s website. If you want to expedite the process, you will need to fill out Form I-907 for Premium Processing. You will need to pay an additional $2805 for Premium Processing. You are not required to do this; it is optional. If you opt for Premium Processing, your application will be processed within about 45 days. If you do not choose Premium Processing and go for a standard application, your application will be processed within 3 to 9 months.

EB2 NIW Visa Fees

You will also need to include visa fees in your application. The visa fee for the EB2 NIW visa is $715. Additionally, there is another fee called the Asylum Program Fee, which is $300. If you want to use the Premium Processing service, you will need to pay an additional $2805. However, Premium Processing is optional. You can choose not to use this service and not pay this fee. In summary, the EB2 NIW visa fees are as follows:

• Form I-140 Filing Fee: $715
• Asylum Program Fee: $300
• Premium Processing Fee: $2805 (optional)

Where to Apply for the EB2 NIW Visa?

After preparing your EB2 NIW visa application and including all the necessary forms and application fees in your application package, you need to submit your application package to the Immigration Bureau (USCIS). People who want to follow the process from Turkey sometimes ask if the application can be made to the American Consulate in Turkey. To clarify this issue, you do not apply to the consulate for your EB2 NIW visa. You need to physically submit your application to the Immigration Office (USCIS) in the US. Unfortunately, it is not possible to apply online for the EB2 NIW visa at this time. Therefore, you need to send your application by mail to the Immigration Bureau in the United States. You can find the correct and current address of the Immigration Bureau on the official USCIS website.

What is the Process After Applying for the EB2 NIW Visa?

After your application is received by the Immigration Bureau, the Immigration Bureau will send you a Receipt Notice indicating that your application has been received. This document is very important. It gives you a Receipt Date, which is the exact date your application was received and processed.

This document also gives you a Priority Date. This date is very important because it determines the earliest time you can start Green Card procedures if your application is approved.

This document also contains a Receipt Number. This is a number assigned to your application. You can use this number to check the status of your application at any time on the USCIS Case Status website.

How Long Does it Take to Process the EB2 NIW Visa?

As I mentioned earlier, if you applied for Premium Processing, your application will be evaluated within 45 days. If you did not apply for Premium Processing but applied for standard processing, it can take 3 to 9 months. We have had clients who did not apply for Premium Processing and received approval within 3 months, as well as clients who had to wait 7-8 or even 9 months. Unfortunately, I cannot say for certain that your application will be reviewed in such a short time. Generally, it can take 3 to 9 months.

What Does RFE (Request for Evidence) Mean?

After your application is evaluated by the Immigration Bureau, the Immigration Bureau will get back to you. At this stage, there are three possibilities for your application:

1. Your application may be approved (which is our goal).
2. Your application may be denied.
3. An RFE (Request for Evidence) may be sent to your application.

An RFE means that the Immigration Bureau is requesting additional information and documents from you. Receiving an RFE is not something to worry about too much. An RFE does not necessarily mean that your application has been or will be denied. It simply means that the Immigration Bureau has identified some points in your application that are not clear enough and that additional information and documents are needed.

The likelihood of a direct denial for EB2 NIW visas is generally very low. None of our cases have been directly denied so far. It is either a direct approval or an RFE, which means a request for additional information and documents. If there is an RFE, you will need to prepare a comprehensive response and send it to the Immigration Bureau by mail. The Immigration Bureau will then make a decision based on your response.

You Can Get a Green Card with the EB2 NIW Visa!

After your EB2 NIW visa is approved by the Immigration Bureau, the Green Card process begins. With the approval from this visa, you need to apply for a Green Card. However, as I mentioned at the beginning of the article, the follow-up of this process differs depending on whether you are in the US or Turkey.

You can read our article explaining what process awaits you after your EB2 NIW visa application is approved.

Meeting the necessary requirements for the EB2 NIW visa, preparing the application, and the application process is a demanding, complex, and labor-intensive process. However, in the end, obtaining a Green Card gives you the opportunity to settle, work, and live in the US. Even with the Green Card you get through this visa, you and your family can become American citizens in the future. If you have the competence and success in your field, this visa is definitely worth pursuing.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in US immigration law. He completed his master’s degree in international law and human rights law at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy crowned his academic career by completing his Ph.D. in law at the University of Nottingham School of Law in 2022. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. Dr. Çeliksoy, a registered member of the California Bar, provides superior service to his clients with his deep knowledge and experience in US immigration law cases. His knowledge and experience in immigration law add valuable contributions to CK Law Firm’s work in this field.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His studies on human rights and immigration processes, and his deep knowledge of modern slavery and criminal law allow Dr. Çeliksoy to effectively solve the complex legal problems faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal advice, helping his clients build their new lives in the United States.