For skilled individuals seeking permanent residency in the United States, the EB2/NIW Green Card visa presents a significant opportunity. This visa category, under the EB2 classification, is specifically designed for individuals with exceptional abilities or those who can contribute to the national interests of the U.S. But what exactly is the EB2/NIW visa, and who is eligible to apply? Here are the topic that we will discuss:

• What is the EB2/NIW Visa?
• Who is Eligible for the EB2/NIW Visa?
• Professions Eligible for the EB2/NIW Visa
• Professions Eligible for the EB2/NIW Visa
• EB2/NIW Visa Application Process
• Benefits of the EB2/NIW Visa
• EB2/NIW Green Card Application and Transition Process
• EB2/NIW Visa Costs and Fees

In this article, you can find answers to your questions about the topics mentioned above. However, if you have any other questions, feel free to ask them in the comments section of this blog or reach out to us through our website. Additionally, for inquiries on different topics, you can contact me via LinkedIn.

What is the EB2/NIW Visa?

The EB2/NIW visa (Employment-Based Second Preference – National Interest Waiver) is an immigrant visa category that allows highly skilled individuals to live and work in the U.S. The “National Interest Waiver” (NIW) eliminates the requirement for employer sponsorship, allowing applicants to obtain a Green Card without needing a job offer.

This visa is particularly suitable for scientists, engineers, doctors, academics, entrepreneurs, and professionals in specialized fields. Applicants must demonstrate that their contributions will benefit the U.S. economy, healthcare, education, or technology sectors.

Who is Eligible for the EB2/NIW Visa?

This visa category is ideal for:

• Individuals with advanced degrees (at least a master’s degree or equivalent work experience)
• Professionals with significant achievements in their field
• Individuals whose work is considered beneficial to U.S. national interests

Professions Eligible for the EB2/NIW Visa

Certain professions are particularly well-suited for EB2/NIW visa applications, including:

• Scientists and Researchers: Experts contributing to scientific advancements in the U.S.
• Engineers and Technology Specialists: Professionals involved in innovative projects
• Doctors and Healthcare Professionals: Individuals making critical contributions to healthcare
• Academics and Educators: Those enhancing the U.S. education system
• Entrepreneurs and Business Leaders: Innovators contributing to the U.S. economy
• Pilots: Experienced pilots may apply, considering the U.S. aviation sector’s demand for skilled professionals. Applicants must demonstrate how they contribute to national air safety and transportation infrastructure.

EB2/NIW Visa Application Process

The application process for an EB2/NIW visa consists of the following steps:

1. Eligibility Assessment: Reviewing academic background, work experience, and achievements.
2. Providing NIW Evidence: Submitting supporting documents such as recommendation letters, research publications, and proof of contributions.
3. Filing Form I-140: Submitting the petition to U.S. Citizenship and Immigration Services (USCIS).
4. Applying for a Green Card: Once approved, applicants proceed with status adjustment or consular processing.

Benefits of the EB2/NIW Visa

• No Employer Sponsorship Required: Applicants can apply without employer support.
• Direct Path to a Green Card: Approval leads to permanent residency.
• Work and Live in the U.S.: A great opportunity for highly skilled individuals.
• Residency for Spouse and Children: Family members also receive residency rights.

EB2/NIW Green Card Application and Transition Process

The EB2/NIW visa is one of the key steps in obtaining a Green Card. After the application process is completed, the following stages are followed:

Form I-140 Approval: The application must be accepted by USCIS.

Visa Number Availability: A visa number must become available according to the annual quota set by the U.S. Citizenship and Immigration Services (USCIS).

Form I-485 or Consular Processing:

• If you are inside the U.S., you can change your status with Form I-485.
• If you are outside the U.S., you can complete the Green Card application through the nearest U.S. consulate.

Interview and Final Processing: You may be called for an interview by USCIS or consular officials.

Green Card Approval and Delivery: Once all steps are successfully completed, your Green Card is printed and sent to your address.

EB2/NIW Visa Costs and Fees

The total cost of an EB2/NIW application varies depending on legal services and application requirements. However, basic costs include:

• I-140 Petition Fee: $700
• Green Card Processing Fees: Approximately $1,140
• Attorney Fees: Typically ranging from $3,000 to $10,000

The EB2/NIW Green Card visa provides a great advantage for skilled professionals who wish to live in the U.S. without employer sponsorship. If you hold an advanced degree, have expertise in your field, and can make significant contributions to the U.S., this visa may be an excellent option for you.

To learn more about the EB2/NIW visa and start your application process, consulting an immigration attorney is highly recommended! If you have any questions in mind, you can contact us through our website. Additionally, you can always reach out to me directly via my LinkedIn account for one-on-one communication.

Asım Kılınç, Immigration Attorney, CK Law Firm

The EB-2 visa is one of the most popular immigration pathways for highly skilled professionals, those with advanced degrees, and individuals demonstrating exceptional abilities in fields like science, business, or the arts. However, despite its appeal, the approval process for EB-2 petitions, particularly those with a National Interest Waiver (NIW), can be complex and subject to significant scrutiny. In this blog, we’ll explore what influences EB-2 approval rates, the challenges applicants face, and how to maximize your chances of success.

Below are the key topics we will cover:

1. What is EB-2 and Who Qualifies?
2. Key Factors Influencing EB-2 Approval Rates
3. Trends in EB-2 Approval Rates
4. What Can You Do to Improve Your Chances?

If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, don’t hesitate to connect with me on LinkedIn. Enjoy reading!

What is EB-2 and Who Qualifies?

The EB-2 visa is an employment-based green card category for foreign nationals who:

1. Have an advanced degree (beyond a baccalaureate degree), or
2. Possess exceptional ability in their field (e.g., sciences, arts, business).

One of the advantages of the EB-2 category is its relatively faster processing time compared to other employment-based green cards, such as EB-3. However, the application process is competitive and requires applicants to meet specific eligibility standards. For those applying under the National Interest Waiver (NIW), applicants do not need a job offer, but they must prove that their work is of significant benefit to the United States.

Key Factors Influencing EB-2 Approval Rates

• Strong Evidence of Qualifications: One of the key factors in determining your EB-2 approval rate is the strength of your qualifications. For standard EB-2 applicants, you need to provide proof of your advanced degree or exceptional ability in your field. If you are applying under the EB-2 NIW, you must present evidence that your work is of national importance and will benefit the U.S. in a significant way.
• Complete and Well-Documented Application: An incomplete or poorly documented application can lower your chances of approval. It’s crucial to provide all required documentation, including academic records, letters of recommendation, proof of exceptional ability, and any other relevant supporting materials.
• Strong Legal Representation: Hiring experienced immigration attorneys who understand the intricacies of the EB-2 process can improve your approval odds. Skilled lawyers can help prepare a compelling case, address potential challenges, and guide you through the complex application process.
• Petition Type (EB-2 vs. EB-2 NIW): While both visa types are part of the EB-2 category, the approval rates for the EB-2 NIW can differ due to the nature of the petition. The EB-2 standard visa requires a job offer and labor certification, while the EB-2 NIW offers flexibility but comes with a higher burden of proof to demonstrate national interest.

Trends in EB-2 Approval Rates

Approval rates for EB-2 petitions, particularly those under the NIW subcategory, have been subject to shifts due to increasing competition and changes in how USCIS evaluates applications. Historically, the EB-2 has had a relatively higher approval rate compared to other visa categories. However, recent data indicates that the approval rate for both regular EB-2 and NIW petitions has declined slightly in recent years.

In FY 2024, the USCIS has focused on more stringent review processes, leading to higher rejection rates for cases with weak evidence or unclear arguments about national interest. This trend underlines the need for applicants to submit robust and well-documented petitions that fully meet the visa criteria.

What Can You Do to Improve Your Chances?

If you’re applying for an EB-2 visa, here are a few steps you can take to improve your chances of success:

1. Thoroughly Document Your Case

The foundation of a successful EB-2 application is comprehensive and well-organized documentation. Whether applying under the advanced degree or exceptional ability category, you need to present clear and convincing evidence of your qualifications. If you are applying under the NIW, ensure you can articulate exactly how your work benefits the U.S. national interest.

2. Seek Professional Guidance

Given the complexities of the EB-2 process, working with an immigration attorney or professional who specializes in employment-based visas is highly recommended. An experienced attorney can help you navigate the application process, ensuring that all documentation is in order and presenting your case in the best possible light.

3. Prepare a Strong National Interest Case

For NIW applicants, your case for national interest must be solid. Be prepared to demonstrate how your work will positively impact U.S. interests, such as improving healthcare, advancing scientific research, or contributing to the national economy. Strong letters of recommendation from respected experts in your field can also strengthen your case.

4. Stay Updated on USCIS Trends

USCIS approval rates can change year by year, and staying informed about trends in immigration policy and processing times is key. By being aware of current statistics and adjusting your petition accordingly, you can better align your application with USCIS expectations.

The EB-2 visa remains a vital immigration path for highly skilled professionals, but approval rates can fluctuate due to stricter scrutiny by USCIS. To maximize your chances of success, it is essential to submit a well-documented petition, particularly if applying under the National Interest Waiver. By understanding the factors that influence EB-2 approval rates and preparing a strong case, you can significantly improve your chances of obtaining a U.S. green card.

For additional support or personalized assistance, feel free to reach out via the CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB-2 National Interest Waiver (NIW) is a significant opportunity for individuals with advanced degrees or exceptional abilities to obtain permanent residency in the United States. Unlike other employment-based visas, the NIW allows applicants to bypass the labor certification process if they can demonstrate that their work is in the national interest. Central to this process is the “Three-Prong Test” established by the 2016 Matter of Dhanasar decision. Here are the topics I will cover in our blog:

1. What is the EB-2 National Interest Waiver (NIW)?
2. Understanding the Three-Prong Test
3. Key Strategies for a Successful EB-2 NIW Petition
4. Why the Three-Prong Test Matters

While answering these questions, I will also cover the related sub-headings of interest. However, as with any visa application, you can visit the official website of CK Law Firm for professional support with your E2 visa application. Additionally, feel free to connect with me anytime via my LinkedIn account.

What is the EB-2 National Interest Waiver (NIW)?

The EB-2 NIW is part of the employment-based second preference (EB-2) visa category. It provides a pathway for individuals to self-petition for a green card without needing a specific job offer or employer sponsorship. The key requirement is proving that waiving the job offer and labor certification is in the best interest of the United States.

To qualify, applicants must pass the EB-2 NIW Three Prongs Test, which assesses the merit and national importance of their proposed work.

Understanding the Three-Prong Test

The EB-2 NIW Three Prongs Test is the core evaluation framework used by the United States Citizenship and Immigration Services (USCIS) to assess EB-2 NIW petitions. Introduced in the Matter of Dhanasar case in 2016, this test outlines three critical criteria that applicants must meet to qualify for a National Interest Waiver. Each prong is designed to determine whether the applicant’s work is valuable enough to bypass the standard labor certification process. Let’s break down each prong in detail.

1. Substantial Merit and National Importance

Applicants must show that their proposed endeavor has significant value and benefits the United States. This can apply to a wide range of fields, including:

• Science and technology
• Business and entrepreneurship
• Health and medicine
• Culture and education

The endeavor should go beyond local or regional impacts and demonstrate a broader national benefit.

Example: A researcher working on renewable energy technologies that reduce carbon emissions and enhance energy independence.

2. Well-Positioned to Advance the Proposed Endeavor

The applicant must prove they have the skills, experience, and resources to advance their proposed work successfully. Evidence for this prong may include:

• Educational qualifications
• Professional achievements
• Relevant work experience
• Letters of recommendation
• A detailed plan outlining how the work will be carried out

Example: An entrepreneur with a track record of successful startups proposing to develop a new cybersecurity platform addressing national security concerns.

3. The Benefit of Waiving the Job Offer and Labor Certification

The final prong requires demonstrating that it would be in the United States’ best interest to waive the usual job offer and labor certification requirements. This could apply if the applicant’s work is so valuable or urgent that the traditional hiring process would hinder its progress.

Example: A public health expert developing innovative solutions to combat infectious diseases, where the immediacy and importance of the work make a job offer impractical.

Key Strategies for a Successful EB-2 NIW Petition

• Provide Comprehensive Evidence: Support each prong with strong documentation, including publications, awards, and expert letters.
• Highlight National Impact: Emphasize how the endeavor benefits the country as a whole.
• Demonstrate Unique Qualifications: Showcase the applicant’s distinctive skills and their ability to drive meaningful progress.

Why the Three-Prong Test Matters

Successfully meeting the Three-Prong Test criteria allows applicants to bypass the labor certification process, reducing delays and providing more autonomy in shaping their professional path. By carefully preparing evidence and articulating the national importance of their work, applicants can strengthen their case for an EB-2 NIW approval.

If you are considering applying for an EB-2 NIW, understanding the Three-Prong Test is crucial. With thorough preparation and clear documentation, you can make a compelling case for why your work serves the national interest and deserves a waiver of traditional employment-based requirements.

If you want to navigate the complexities of the EB-2 NIW process smoothly and increase your chances of approval, feel free to contact us via the official website of CK Law Firm. You can also reach out to me directly on my LinkedIn account for personalized assistance and further guidance.

Asım Kılınç, Immigration Attorney, CK Law Firm

Navigating the U.S. immigration process can be complex especially when deciding between the EB-2 vs. EB-2 NIW visa. Both visas fall under the employment-based second preference category but they differ significantly in eligibility, application process, and benefits. This guide will break down the essential differences to help you determine which visa is right for you.

Below are the key topics we will cover:

1. What Is the EB-2 Visa?
2. Key Differences Between EB-2 and EB-2 NIW Visas
3. Who Qualifies for an EB-2 Visa?
4. Who Is Eligible for the EB-2 NIW Visa?
5. Advantages and Disadvantages of EB-2 and EB-2 NIW Visas
6. Which Visa Is Right for You: EB-2 or EB-2 NIW?

If you have any additional questions or concerns outside the scope of these topics, feel free to reach out via our website. For more personalized inquiries, you can always connect with me on LinkedIn. Enjoy the read!

What is the EB-2 Visa?

The EB-2 visa is an employment-based immigrant visa for professionals with exceptional abilities or advanced degrees. It requires sponsorship from a U.S. employer and a labor certification process (PERM) to demonstrate that no qualified U.S. workers are available for the job.

Key Criteria for EB-2 Visa:

• Advanced Degree: Master’s degree or higher (or a bachelor’s degree plus five years of progressive experience).
• Exceptional Ability: Significant expertise in sciences, arts, or business with documented evidence.
• Labor Certification: Employer must complete the PERM process to prove no suitable U.S. workers are available.

What is the EB-2 NIW (National Interest Waiver) Visa?

The EB-2 NIW visa is a special category under the EB-2 classification that allows applicants to bypass the labor certification process if their work is deemed to be in the “national interest” of the United States. This visa type does not require employer sponsorship.

Key Criteria for EB-2 NIW Visa:

• National Interest: The applicant’s work must have substantial merit and national importance.
• Waiver Justification: The applicant must demonstrate that waiving the labor certification would benefit the U.S.
• Self-Petition: Applicants can apply without employer sponsorship.

Key Differences Between EB-2 and EB-2 NIW Visas

Feature	EB-2 Visa	EB-2 NIW Visa
Labor Certification	Required (PERM process)	Not required (waived due to national interest)
Employer Sponsorship	Mandatory	Not required (self-petition allowed)
Eligibility	Advanced degree or exceptional ability	Work of substantial merit and national importance
Processing Time	Longer due to PERM review	Generally faster without labor certification
Flexibility	Tied to employer	Greater freedom to change jobs

Labor Certification Process (PERM): The EB-2 visa requires a labor certification (PERM) where the U.S. employer proves there are no qualified U.S. workers for the position. The EB-2 NIW visa does not require this, which can significantly speed up the process.

Eligibility Criteria: While both visas require advanced qualifications, the EB-2 NIW requires the applicant to show that their work is in the national interest, a criterion that does not apply to the standard EB-2 visa.

Processing Time Comparison: The EB-2 visa process can be longer due to the labor certification requirement, whereas EB-2 NIW may be processed faster since this step is waived.

Who Qualifies for an EB-2 Visa?

You may qualify for an EB-2 visa if you meet one of the following criteria:

• You hold an advanced degree (master’s or higher) or a bachelor’s degree with five years of progressive experience.
• You possess exceptional ability in the sciences, arts, or business, demonstrated through consistent recognition and expertise.

Who Is Eligible for the EB-2 NIW Visa?

To qualify for an EB-2 NIW visa, you must:

• Demonstrate that your work is of substantial merit and national importance.
• Show that you are well-positioned to advance your work.
• Prove that waiving the labor certification requirement is beneficial to the U.S.

Advantages and Disadvantages of EB-2 and EB-2 NIW Visas

When considering whether to apply for an EB-2 or an EB-2 NIW visa, it is crucial to weigh the advantages and disadvantages of each option. Both visas provide a path to U.S. permanent residency but have distinct requirements and benefits. Understanding these pros and cons will help you decide which route aligns better with your professional goals and immigration circumstances.

Feature	EB-2 Visa	EB-2 NIW Visa
Advantages	– Clear criteria with employer support. – Suitable for professionals with a strong employer sponsor.	– No employer sponsorship required (self-petition possible). – Faster process due to waived labor certification.- Greater career flexibility.
Disadvantages	– Requires labor certification (lengthy and complex). – Limits job flexibility due to employer sponsorship.	– Higher burden of proof (national interest requirement). – Requires substantial evidence to justify the waiver.

Which Visa Is Right for You: EB-2 or EB-2 NIW

Deciding between the EB-2 vs. EB-2 NIW visas depends on your specific qualifications, career goals, and whether you have an employer willing to sponsor you. Both visas offer a path to U.S. permanent residency, but they differ in terms of requirements and benefits. Below are the factors to consider when choosing the right option for you.

Choose EB-2 Visa If:

• You have a U.S. employer willing to sponsor you.
• You meet the advanced degree or exceptional ability criteria.

Choose EB-2 NIW Visa If:

• Your work has substantial merit and national importance.
• You prefer to self-petition without employer sponsorship.
• You seek greater job flexibility.

Final Thoughts: Choosing Between EB-2 and EB-2 NIW

Both the EB-2 visa and the EB-2 NIW visa offer pathways to U.S. permanent residency for qualified professionals. The right choice depends on your qualifications, employer sponsorship availability, and whether your work serves the national interest. Understanding the differences and meeting the eligibility requirements is crucial for a successful application. If you’re unsure which visa fits your situation, consulting with an immigration attorney can provide personalized guidance and improve your chances of success.

If you’re considering the EB-2 vs. EB-2 NIW visa as a pathway to U.S. permanent residency and eventually citizenship, understanding the key distinctions between these visa categories is crucial. This article outlines the eligibility, application process, and pros and cons of both options to help you make an informed decision. With careful planning and a well-prepared application, you can increase your chances of success. For additional support, you can reach out to CK Law Firm official website, or connect with me on LinkedIn for more personalized guidance.