EB-2 National Interest Waiver Ekşi Sözlük: Attorney Dr. Ergül Çeliksoy Answers the Most Frequently Asked Questions on Ekşi Sözlük

By Ozlem Kara, Content Editor at CK Law Firm

CK Law Firm’s content editor Özlem Kara and CK Law Firm’s co-founder specializing in the EB-2 National Interest Waiver visa, Attorney Ergül Çeliksoy, came together on Ekşi Sözlük to answer the most frequently asked questions about the EB-2 NIW visa. We thank Ergül Çeliksoy for the enjoyable interview.

After reading our interview with Mr. Ergül, you will find answers to the following questions:

• What is the EB-2 National Interest Waiver?
• What are the Advantages of the EB-2 National Interest Waiver Visa?
• Who Can Apply for the EB-2 National Interest Waiver?
• What Conditions Must You Meet to Apply for the EB-2 National Interest Waiver?
• How Does the EB-2 National Interest Waiver Application Process Proceed?
• How Much Do You Have to Pay USCIS to Apply for the EB-2 National Interest Waiver?
• What Awaits You After Applying for the EB-2 National Interest Waiver Visa?

Hello Mr. Ergül, we would like to get to know you and your career better. Can you tell us about yourself?

Certainly. In 2017, I completed my master’s degree in international law and human rights law at the University of Nottingham, and then I began my doctoral studies at the same university. In 2022, I earned my doctorate in law from the University of Nottingham School of Law. Through my publications, research, and articles in my field, I gained international recognition. I have dealt with many cases and now, with the experience I have gained, I offer effective and solution-oriented services to my clients at CK Law Firm, helping them with their new lives.

Mr. Ergül, the EB-2 NIW visa is popularly known as the academic visa. So, what exactly is the EB-2 National Interest Waiver visa?

The EB-2 NIW visa is designed to allow individuals who are experts in their field to come to the United States to continue their professional lives and contribute to the country. It is not just for academics; nearly anyone who has made significant contributions in their field and has been highly successful can apply for this visa. The visa supports the brain drain of successful individuals. The EB-2 National Interest Waiver (NIW) visa allows you to apply for a Green Card without the need for a sponsor or employer. With this visa, you can gain the right to live and work in the United States, and apply for citizenship after 5 years. Additionally, if you obtain this visa, your spouse and children under 21 can also live in the United States and apply for citizenship.

You mentioned that highly successful individuals can apply. What kind of success is required, and who can apply for the EB-2 NIW visa?

Although the EB-2 NIW visa is popularly known as the “academic visa,” this is not entirely accurate. The visa does not focus on the profession but rather on the applicant’s significant success and the ability to demonstrate it with documentation.

What advantages does the EB-2 National Interest Waiver visa offer over other visa types?

One of the main advantages of the EB-2 visa is that you do not need a job offer or sponsor from the United States. Additionally, unlike other visa types, you do not need to invest or have a large sum of money in your bank account. Furthermore, this visa allows you to obtain a Green Card.

Mr. Ergül, you mentioned that you do not need a large sum of money or to be from a specific profession to apply for the EB-2 NIW visa. What are the requirements to apply for the EB-2 NIW visa?

As I briefly mentioned above, the primary philosophy of the EB-2 NIW visa is to encourage brain drain. Therefore, individuals who are experts and have achieved success in their fields can apply for this visa. There are three main criteria for the EB-2 NIW visa:

1. You must have a master’s or doctoral degree in your field. If you have a bachelor’s degree, you must have at least five years of experience in your field.
2. You must demonstrate that you will make a positive contribution to the United States. This means you must show that you will continue to work in your field of expertise when you move to the United States with this visa.
3. You must be an expert and competent in your field. You can demonstrate this with reference letters, presentations, published articles, and media coverage about you.

“Each applicant is evaluated based on their file”

How do you apply for the EB-2 National Interest Waiver visa? What is the process?

Remember that each applicant is evaluated based on their file. Therefore, when applying, you must thoroughly demonstrate that you meet the criteria with evidence. You should prepare a comprehensive application petition and include documents (conference presentations, news articles, published papers, citations, diplomas, transcripts, reference letters, interviews, certificates, etc.) in your file to prove that you meet the criteria. Additionally, there are some forms that need to be added to your application file. These forms vary depending on whether you are following the process from Turkey – or outside the U.S. – or from within the U.S.

Steps to Follow if You Are Tracking the Process from Turkey:

• You must fill out the I-140 form available on the USCIS Immigration Office website.
• Then, select option 1a in Section 4 of the I-140 form.
• Afterwards, since the U.S. Embassy in Ankara is the only authority for immigration processes in Turkey, select Ankara in option 1b and Turkey in option 1c.

Steps to Follow if You Are Tracking the Process from the U.S.:

• When filling out the Processing Information section in Section 4 of the I-140 form, select option 2a. This allows you to apply for a Green Card through Adjustment of Status from within the U.S. after your EB-2 NIW visa is approved by the Immigration Office.
• In addition to the I-140 form, there is also a form called ETA 9089 Application for Permanent Employment Certification. You must fill out sections J, K, L, and M of this form. The latest version of this form is available on the Department of Labor’s website.

What is the fee that applicants need to pay during the entire application process?

The total fee of $1,015 will be collected from you in two different installments. These fees are as follows:

• I-140 Filing Fee: $715
• Asylum Program Fee: $300

Mr. Ergül, is it possible to speed up the visa application process?

If you opt for Premium Processing, your application will be processed by USCIS within as little as 15 business days. If you do not choose this option, it may take 6-8 months for your file to be processed.

What steps should be followed after applying for the visa?

After your application is received by the Immigration Office, the office will send you a Receipt Notice confirming that your application has been received. This document is very important, and you should keep it in your records. This document will provide you with a Priority Date, which is crucial because it determines the earliest date you can begin the Green Card process if your application is approved. Additionally, this document will contain a Receipt Number, which is a number assigned to your application. You can use this number to check the status of your application at any time by visiting the USCIS Case Status site. Once your EB-2 NIW visa is approved by the Immigration Office, the Green Card process begins. After receiving approval from this visa, you need to apply for a Green Card. After obtaining your Green Card, you will be eligible to apply for U.S. citizenship after five years.

Mr. Ergül, you have clarified the frequently asked questions by Ekşi Sözlük users regarding the EB-2 National Interest Waiver visa. To summarize, what would you like to say about the EB-2 NIW process?

In conclusion, although the EB-2 National Interest Waiver Visa involves many details that must be carefully considered throughout the process, it is an excellent option for realizing your American dreams. Our clients who wish to apply for this visa can learn whether they are eligible for the EB-2 NIW by contacting us at cklawfirm.org, emailing eb2@cklawfirm.org, or reaching out to me directly on LinkedIn for a free consultation.