By Ergul Celiksoy, Immigration Attorney at CK Law Firm

Individuals who have built a career in academia can take advantage of the opportunity to live and work in the United States through the EB-2 NIW visa. This way, they can obtain residence and work permits in the US for themselves, their spouses, and their children under 21. Commonly referred to as the “academic visa,” this visa allows you to get a permanent residence permit (green card) and move to the US, and you can become a citizen after five years. By reading this article, you will find answers to the following questions:

• What is the educational level required for academics to apply for the EB-2 NIW visa?
• What documents do academics need to submit for the EB-2 NIW application?

The EB-2 NIW visa is a type of visa that allows professionals with an academic career (such as faculty members, professors, associate professors, assistant professors, etc.) to apply without needing a job offer or sponsorship from a US employer if they intend to work in the US.

What is the educational level required for individuals with an academic career to apply for the EB-2 NIW?

The primary requirement to apply for the EB-2 NIW visa is an advanced degree, meaning:

• A master’s or doctoral degree in your field, or
• A bachelor’s degree plus five years of experience.

Meeting the advanced degree requirement necessitates a high level of education in the professional field, and the applicant must possess this level. The clearest indicator of meeting this criterion is having a master’s or doctoral degree in the field.

Individuals who do not have a master’s or doctoral degree but have a bachelor’s degree in the field and have worked in a significant position in the field for at least five years are also considered to meet this requirement. However, in this case, solid evidence of work experience in the field (various educational certificates, achievements in the field, academic publications, etc.) must be included in the application letter. Clear evidence showing that the applicant will benefit national employment in the field, has contributed to significant projects, and has achieved professional success will also be considered.

What documents do academics need to submit for the EB-2 NIW application?

When applying for the EB-2 NIW visa as an academic, the following documents can support your application:

• Publications: Publications in national and international academic journals. Being a sole or first author is advantageous.
• Citations: Citations to your publications, visible on Google Scholar. While there is no ideal number, the more, the better.
• Research Activities, Funding, and Academic Project Participation: Participation in any project related to your field of expertise. For example, receiving support from TÜBİTAK or BAP from universities. Even without financial support, participating in or supporting projects related to the field is advantageous.
• Conference Participation and Presentations: Academic presentations, either summaries or full texts, related to your field of expertise.
• Journal Editorship, Peer Reviews, and Jury Duties: Serving as an editor, assistant editor, or member of the scientific board in academic journals, peer reviews, and jury duties for master’s or doctoral theses provide significant advantages.
• Certificates: Certificates of education related to the field, including online education.
• Awards, Achievements, and Acknowledgments: Certificates received during and after undergraduate studies, especially in professional life (optional but advantageous).
• Work History: Places and positions worked in the field of expertise to date. If you have had additional duties (such as working as an administrator while being a doctor, or serving on a committee while being an academic), these can also be included to strengthen the application.
• Memberships: Memberships in professional associations/institutions related to your field of expertise. Memberships are sometimes annual, so they can be obtained close to the application time. For example, the Istanbul Medical Chamber for doctors or the American Association of Orthodontists for orthodontists.
• Media Appearances: Appearances in local, national, or international news channels/newspapers/websites related to your field of expertise. In this case, your expert opinion or work related to any issue in your field should be highlighted. This criterion is rarely met by applicants and is not mandatory but provides a significant advantage.

The EB-2 NIW visa offers individuals with an academic career the opportunity to live and work permanently in the USA. The required documents and evidence for this visa type must be carefully prepared, and professional support should be obtained at every stage of the application process. We can manage the entire process for you, leaving you to plan your dreams in the USA. You can find out if you qualify for EB-2 NIW with our free consultation service by contacting us through cklawfirm.org, emailing info@cklawfirm.org, or reaching out directly on LinkedIn. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

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

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 work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

In this article, we continue to look at the details of the EB2 National Interest Waiver visa. You can find our detailed article on the conditions of the EB2 NIW visa, who can apply and what is the application process here. You can find our article on the application process of the EU2 NIW visa and how long it takes for the application to be approved here.

In this article, I will explain what kind of process awaits you after your EB2 National Interest Waiver visa application is approved.

As I explained in detail in our previous articles, you need to submit your EB2 NIW visa application to the Immigration Office in the US. You must submit this application by mail and your application package should include your application, the relevant forms and the application fees. If you use Premium Processing, your application will be processed within 45 days. If you do not use Premium Processing but submit a standard application, your application will be processed within 3 to 9 months.

What Happens After Your EB2 NIW Application is Approved?

Let’s say that at the end of this process, the Immigration Bureau has reviewed your application and determined that you meet the EB2 NIW visa criteria, thus approving your application. Congratulations, the doors to America are now open for you. With your EB2 NIW visa approved, you are very close to realizing your American dream. While the process from here is somewhat longer, it will be much less arduous. Let’s see what awaits you after approval.

Approval Notice

Once your initial application is received and processed by the Immigration Bureau, you will receive a Receipt Notice. This Receipt Notice has a Receipt Number, which you can use to check the status of your application on the USCIS Case Status website. When your application is approved, it will state “Case Approved,” and this approval will be recorded in the system by the Immigration Bureau.

Following this, the Immigration Bureau will send you an Approval Notice. This Approval Notice will also include the dates when your application was first submitted and approved, along with your Priority Date. This Priority Date is crucial for understanding how the process will proceed from here.

What is the Priority Date and What Does It Mean?

First, you should check the Priority Date on your Approval Notice. Then, you need to check the Visa Bulletin published each month. You can access the latest Visa Bulletin on the State Department’s website.

The Visa Bulletin categorically lists when the earliest Green Card applications can be made for different visa types. This means that for some visa types, if there are more Green Card approvals than the number allocated for that year, the surplus is carried over to the next year. In this way, for some visa types, there may be a backlog due to the current number of available Green Cards being exceeded by the number of visa approvals. Therefore, Green Card applications are made considering the Priority Date I mentioned earlier.

What you need to do: First, check your Priority Date. Your Priority Date is listed in the Approval Notice sent to you after your visa is approved. Then, go to the latest Visa Bulletin to check when you can apply for a Green Card for the EB2 NIW visa. For this, go to the Employment-Based Preferences chart in the Visa Bulletin and look at the second row. This row shows the earliest date when those with a Priority Date for the EB2 NIW visa can apply for a Green Card.

According to the August 2024 Visa Bulletin, it says March 15, 2023. Here’s what this date means: If your Priority Date is before this date, you can apply for a Green Card immediately without waiting. If your Priority Date is later, say November 2023, you need to check the Visa Bulletin every month and wait for the date in the Visa Bulletin to be after your Priority Date.

This part is often confusing, so I will try to explain with an example. Let’s say your EB2 NIW visa application was received and processed by the Immigration Bureau on September 1, 2023. This date is your Receipt Date. This is the date your file was processed. The Immigration Bureau usually sets the date your application was processed as your Priority Date. However, you should always check the Receipt Notice sent to you and consider the Priority Date stated there. Let’s say the Priority Date on the Receipt Notice sent to you is September 1, 2023. Later, the Immigration Bureau reviewed your application and approved it on January 1, 2024. Now, to apply for a Green Card based on your EB2 NIW visa approval, you should consider your Priority Date, which in this case is September 1, 2023, not your approval date of January 1, 2024.

Next, you need to look at the Visa Bulletin and compare the date in the Visa Bulletin for the EB2 NIW visa with your Priority Date. According to the latest Visa Bulletin for August 2024, the date for the EB2 NIW visa is March 15, 2023. Your Priority Date is September 1, 2023. Since your Priority Date is after the date in the Visa Bulletin, you cannot apply for a Green Card right now. However, when the date in the Visa Bulletin is later than your Priority Date, you can apply for a Green Card. For example, if the date in the Visa Bulletin were November 15, 2023, instead of March 15, 2023, you could apply for a Green Card without waiting because November 15, 2023, is later than your Priority Date of September 1, 2023.

Situation for Those Following the EB2 NIW Process from the US

If your Priority Date is earlier than the date in the Visa Bulletin, you can now start your Green Card process. How will the process work? It depends on whether you are following the process from the US or Turkey.

If you are following the process from the US, it is a bit simpler. You need to file for Adjustment of Status (Form I-485). In other words, you are applying for a Green Card. For this, you need to carefully and completely fill out Form I-485. Additionally, you need to include some documents with this application, such as copies of your passport, visa, I-94, etc. You also need to include the Approval Notice showing that your EB2 NIW visa has been approved. You should also include other documents that will support your Green Card application.

When filing for Adjustment of Status with Form I-485, you can also submit two additional application forms. The first is Form I-765. With Form I-765, you are applying for a work permit in the US while waiting for your Green Card application to be approved. It is not mandatory, but if you do not have another work permit, I recommend submitting Form I-765 along with Form I-485.

You can also include Form I-131 with your I-485 application. Again, it is not mandatory, but with Form I-131, you are applying for a Travel Document. If your Green Card approval is significantly delayed and you need to travel outside the US during this time, this Travel Document will allow you to travel.

The EB2 NIW Process for Those Following from Turkey

What awaits you after approval if you are following the process from Turkey? For those following the process from Turkey, the process is slightly different. First, those who are not physically and legally present in the US cannot file for Adjustment of Status with Form I-485.

If you are following the process from Turkey, once your EB2 NIW visa is approved, your file is transferred to an institution called the National Visa Center. After your file is approved, the Immigration Office (USCIS) automatically sends your file to the National Visa Center. You do not need to do anything for this.

After your file reaches the National Visa Center, you will wait for the National Visa Center to contact you via email. Usually, within 1.5 to 2 months, the National Visa Center will send you an email. This email will include a document. This document informs you that the National Visa Center now has your file and explains what you need to do next.

The document from the National Visa Center will also give you a Case Number. From now on, your application will be tracked using this Case Number provided by the National Visa Center.

Additionally, the National Visa Center expects you to do three things at this stage. The first is to pay the immigration visa processing fee. The current fee is $345 per person. If you have your spouse and children included in your application, you will need to pay $345 for each person.

The second thing the National Visa Center expects from you is to mail the requested documents to the National Visa Center. The requested documents usually include your passport, visa, birth certificates, marriage and divorce certificates, if any, court files, criminal records, military documents, documents proving your income source, and deeds and licenses related to your assets, etc. You need to send these documents to the National Visa Center after paying the $345 fee.

After sending your documents, the National Visa Center will review them. If any documents are missing, they will contact you again. If your documents are complete or once they are complete, the National Visa Center will send you an email to inform you that your documents have been approved. Reviewing and approving these documents usually takes about 2 months.

Once your documents are approved by the National Visa Center, the only thing left to do is to schedule a visa appointment with the consulate. Once you are given an appointment date, this visa date will be communicated to you and your attorney. All that is left is to wait for this visa date and attend the visa interview.

Conclusion

The EB2 NIW process is quite complex and involves many details and procedures that need to be followed. Although it is a long process, the process after the EB2 NIW visa is approved is relatively easy.

If you are curious about whether you meet the necessary requirements for the EB2 NIW visa, you can send us an up-to-date and detailed CV. We will conduct a free evaluation for this visa as soon as possible and get back to you via email. If our initial review indicates that you are suitable for this visa, we will conduct a free 30-minute Zoom interview with you to make a more detailed assessment.

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.

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.