Schedule an Appointment with Our Attorneys Now
How to Obtain an EB2/NIW Green Card? Comprehensive Guide
Explore our guide on the EB2/NIW green card, covering eligibility, application steps, costs, and tips for a successful application.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB2/NIW (Employment-Based Second Preference / National Interest Waiver) visa offers a significant opportunity for professionals seeking permanent residency in the United States. Unlike other employment-based visas, this immigrant visa does not require employer sponsorship, making it particularly advantageous for individuals in fields such as science, engineering, technology, and entrepreneurship. In our EB2/NIW Green Card application guide, we cover the following topics:
- What is the EB2/NIW Visa?
- What is the Difference Between the EB2/NIW Visa and the Standard EB-2 Visa?
- Who Can Apply for the EB2/NIW Visa?
- EB2/NIW Green Card Application Process
- EB2/NIW Visa Costs and Fees
- Factors that Increase the Likelihood of EB2/NIW Visa Approval
- What to Do if Your EB2/NIW Application is Denied?
We complete our EB2/NIW visa application guide with these topics. However, if you have any questions related to the E2 visa, feel free to visit our website. Also if you’d like to contact me directly, you can reach out to me through my LinkedIn account.
What is the EB2/NIW Visa?
The EB2/NIW (Employment-Based Second Preference / National Interest Waiver) visa is an immigrant visa designed for highly qualified individuals who can make significant contributions to the United States. Unlike the standard EB-2 visa, it allows applicants to apply without employer sponsorship.
This visa is ideal for highly educated professionals, scientists, researchers, healthcare workers, engineers, entrepreneurs, and pilots. Individuals approved for an EB2/NIW application can begin the Green Card process and obtain permanent residency in the U.S.
What is the Difference Between the EB2/NIW Visa and the Standard EB-2 Visa?
The standard EB-2 visa requires an individual to receive a job offer from an employer, with the employer supporting the immigration petition. However, the NIW (National Interest Waiver) allows applicants to waive employer sponsorship by demonstrating that their work contributes significantly to the national interest of the U.S. Below is a detailed comparison between the EB2/NIW and standard EB-2 visas:
| Criteria | Standard EB-2 Visa | EB2/NIW Visa |
|---|---|---|
| Employer Sponsorship | Required | Not Required |
| Job Offer | Required | Not Required |
| PERM Labor Certification | Required | Not Required |
| Who Can Apply? | Employer | Applicant |
| Application Process | Initiated by Employer | Applicant applies independently |
| Approval Criteria | Employer provides an appropriate position and the candidate proves qualifications | Candidate proves contribution to U.S. national interest |
| Job Change Flexibility | Employer-dependent, difficult to change | More flexible, independent from employer |
| Application Complexity | Standard and straightforward | Requires extensive proof of contributions |
| Application Time | 12-24 months | 12-24 months |
| Eligible Professions | Highly skilled professionals | Scientists, engineers, doctors, entrepreneurs, academics, etc. |
| Green Card Process Impact | Dependent on employer | Directly leads to Green Card application |
Who Can Apply for the EB2/NIW Visa?
To qualify for the EB2/NIW visa, applicants must meet at least one of the following criteria:
- Advanced Education
- A master’s degree or its equivalent, or a bachelor’s degree with at least five years of professional experience in the field.
- Extraordinary Ability
- Proven extraordinary ability in the sciences, arts, or business (e.g., academic publications, patents, awards, involvement in recognized projects, etc.).
- National Interest Contribution
- Demonstrated ability to contribute significantly to the U.S. in areas such as economic, educational, cultural, or technological development. The applicant must show that their work is in the national interest and cannot be easily replaced by U.S. workers.
EB2/NIW Green Card Application Process
The EB2/NIW Green Card visa application process consists of three main steps:
- Step 1: Complete the I-140 Form
The application begins with the I-140 (Immigrant Petition for Alien Worker) form, which is reviewed by the U.S. Citizenship and Immigration Services (USCIS). The applicant must prove that they will contribute to the national interest of the U.S., supported by a strong application package showcasing professional achievements and expertise. - Step 2: Prepare Supporting Documents
Documents to be submitted with the I-140 form include:- Academic and professional certificates (diplomas, transcripts)
- Publications, awards, recommendation letters
- Evidence of professional achievements (patents, projects, articles)
- Details of the applicant’s contribution to U.S. economic and social development
- Documents supporting future plans
- Step 3: Green Card Application (I-485 or Consular Processing)
If the I-140 petition is approved, the applicant can proceed with the Green Card application using one of the following methods:- For those in the U.S.: File the I-485 (Adjustment of Status) form.
- For those outside the U.S.: Complete consular processing for an immigrant visa.
EB2/NIW Visa Costs and Fees
As of 2025, the estimated costs for the EB2/NIW visa application process are as follows:
| Fee Item | Cost (USD) |
|---|---|
| I-140 Petition Fee | $715 |
| I-485 (Green Card) Fee | $1,440 |
| Asylum Program Fee | $300 |
| Premium Processing Fee (Optional) | $2,850 |
Factors That Increase the Likelihood of EB2/NIW Visa Approval
To increase the chances of EB2/NIW visa approval, applicants should prepare a strong case. Key factors include:
- Industry Recognition: Demonstrating expertise through publications, awards, recommendation letters, and professional accomplishments.
- Contribution to the U.S.: Evidence of supporting economic growth, creating jobs, or fostering innovation in critical fields.
- Successful Precedents: Referring to approved cases with similar profiles.
Strong documentation and a clear plan of contribution will improve the chances of a favorable outcome.
What to Do if Your EB2/NIW Application is Denied?
If the EB2/NIW application is denied, the following actions can be taken:
- Reevaluation and Appeal: Applicants can appeal the decision or request a reevaluation of the application. Additional documents may be submitted to address any perceived shortcomings.
- Alternative Visa Options: If the EB2/NIW application is denied, other visa options like H-1B, O-1, or L-1 may be considered.
- Legal Assistance: It’s crucial to consult an immigration lawyer if your application is denied. A lawyer can help identify the reasons for the denial and guide you through the appeal process or suggest alternative visa routes.
The EB2/NIW visa is an excellent opportunity for qualified individuals seeking to live and work in the United States. However, careful management of the process is essential. If you need expert assistance, feel free to reach out through our official website. You can also contact me directly via LinkedIn.
