Schedule an Appointment with Our Attorneys Now
Asım Kılınç, Immigration Attorney, CK Law Firm
The EB2/NIW (Employment-Based Second Preference National Interest Waiver) visa is a significant opportunity for highly educated professionals and individuals specializing in certain fields who wish to work and obtain permanent residency in the United States. This visa allows individuals who can contribute to the national interest of the U.S. to apply without the need for an employer sponsorship. It serves as a key immigration pathway for professionals in science, technology, engineering, mathematics (STEM), business, healthcare, and other critical industries.
One of the most critical steps in this process is the I-140 Form. The EB2/NIW visa I-140 form is an official petition submitted to the U.S. Citizenship and Immigration Services (USCIS) that details the applicant’s qualifications, professional achievements, and potential contributions to the U.S.. USCIS evaluates whether the applicant meets the NIW criteria through this form and determines whether to advance the application to the next stage. In this guide, we will cover:
- What is the I-140 Form?
- Why is the I-140 Form Important?
- I-140 Form & NIW Criteria: Strengthening Your Application
- How to Prepare Strong Recommendation Letters for I-140?
- Common Mistakes in the I-140 Form and How to Avoid Them
- Next Steps After EB2/NIW Visa and I-140 Approval
- What to Do If Your I-140 Form is Denied?
If you have any additional questions or require personalized assistance, feel free to contact us through our website or reach out to me directly via LinkedIn. Enjoy your reading!
What is the I-140 Form?
The I-140 Form is a critical petition submitted to USCIS by either an employer or an individual applicant as part of the EB2/NIW green card application process. This form serves as proof that the applicant has the necessary qualifications to work in the United States and can contribute positively to the country.
The Primary Purpose of the I-140 Form
- To verify the applicant’s professional qualifications and expertise
- To allow applications without employer sponsorship under the National Interest Waiver (NIW)
- To identify individuals who can contribute to the U.S. economy or society
Why is the I-140 Form So Important?
The EB2/NIW visa I-140 form is a crucial step in the immigration process for several reasons:
- It Establishes Eligibility: USCIS determines whether the applicant qualifies for the EB2/NIW visa based on the information in the I-140 form.
- It Opens the Green Card Pathway: Approved applicants can proceed with the I-485 (Adjustment of Status) application to obtain permanent residency.
- It Provides Independence from Employers: Since EB2/NIW applications do not require employer sponsorship, applicants can apply on their own.
- It Can Be Expedited: The premium processing option can speed up the application process.
- It Increases Work & Residency Opportunities: A successful I-140 approval enhances long-term stay and career prospects in the U.S.
EB2/NIW Visa I-140 Form & NIW Criteria: Strengthening Your Application
To successfully complete the EB2/NIW visa application, you must satisfy the Dhanasar criteria when filling out the I-140 form. These three key requirements include
- Your work must be of substantial importance to the U.S.
- The U.S. must have an urgent need for your expertise.
- Your work in the U.S. must provide a significant national benefit.
By presenting strong evidence for these criteria, you can significantly enhance your chances of I-140 approval.
How to Prepare Strong Recommendation Letters for I-140?
Well-crafted recommendation letters play a vital role in increasing your chances of approval. Here are some tips for preparing effective letters:
- Obtain letters from recognized experts in your field (professors, executives, industry leaders, researchers).
- Include specific details about your projects, achievements, and contributions.
- Highlight how your work benefits the national interest of the U.S.
Example Structure of a Recommendation Letter:
- Applicant’s area of expertise
- Applicant’s achievements, research, and contributions
- How the applicant’s work benefits the U.S.
Common Mistakes in the I-140 Form and How to Avoid Them
Errors in the I-140 application can lead to rejections. Here are the most frequent mistakes and how to avoid them:
Submitting Incomplete or Incorrect Documents
- Ensure all identity and professional documents are complete and consistent with the application.
Providing Inconsistent Information
- Ensure that all information is accurate and matches throughout the application.
Failing to Provide Sufficient Evidence
- Submit proof of work experience, academic success, publications, projects, and contributions to the U.S. economy or society.
Next Steps After EB2/NIW Visa & I-140 Approval
Once your I-140 is approved, you can move forward with the green card application process. The following steps apply:
| Step | Description |
|---|---|
| I-485 Application | If you are in the U.S., you can apply for Adjustment of Status. |
| Consular Processing | If you are outside the U.S., you will attend a visa interview at a U.S. consulate. |
| Work & Residency Planning | Organize your employment and residency permits in the U.S. |
What to Do If Your EB2/NIW Visa I-140 Form is Denied?
If your I-140 form is denied, don’t panic! Here’s what you should do:
📌 Review the Denial Reason
- Carefully read the denial letter from USCIS to identify mistakes or missing documents.
📌 Consider Filing an Appeal
- You may submit a MOTION TO REOPEN or MOTION TO RECONSIDER to challenge the decision.
- If necessary, correct any errors and resubmit your application.
📌 Explore Alternative Visa Options
- Consider applying for other visa categories such as EB1 or O1, if eligible.
- Consult with an immigration attorney for guidance.
If you are considering applying for an EB2/NIW visa and submitting an I-140 form, this guide provides essential insights into the process. Successfully navigating this pathway requires a well-planned strategy and professional preparation.
At CK Law Firm, we are here to guide you through every step of your journey. For more information, feel free to contact us via our official website. If you have any questions, you can also reach out to me directly on LinkedIn.
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.
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:
- Eligibility Assessment: Reviewing academic background, work experience, and achievements.
- Providing NIW Evidence: Submitting supporting documents such as recommendation letters, research publications, and proof of contributions.
- Filing Form I-140: Submitting the petition to U.S. Citizenship and Immigration Services (USCIS).
- 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
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.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
If you want to start your own business and live in the United States, the E2 investor visa could be an ideal option for you. The E2 visa allows citizens of countries that have a trade agreement with the U.S. to establish and operate a business by making a substantial capital investment. There are many different sectors and business opportunities available for investors who wish to move to the U.S. through the E2 visa. In this article, we will provide information on E2 visa business ideas, investment amounts, and the application process to help you successfully start a business in the United States.
Below are the key topics we will cover:
- What is an E2 Visa?
- Business Ideas You Can Start in the U.S. with an E2 Visa
- Advantages of Starting a Business in the U.S. with an E2 Visa
If you have any further questions or want to explore more, feel free to visit our website. For personalized inquiries, you’re always welcome to connect with me on LinkedIn. Enjoy reading!
What is an E2 Visa?
The E2 investor visa allows investors to live and manage a business in the United States by making a significant capital investment in a U.S.-based company. However, this visa does not directly provide a green card; as long as the investor continues to operate their business, the visa can be renewed.
There is no fixed fee for the E2 visa, but the application process may involve legal fees and other costs. The typical investment amount for an E2 visa ranges between $100,000 and $200,000, although in some cases, lower investments may also be accepted.
Business Ideas You Can Start in the U.S. with an E2 Visa
There are various business opportunities available for those considering establishing a business in the U.S. through the E2 visa. Here are some promising E2 visa business ideas for 2025:
1. Franchise Businesses
Purchasing a franchise is one of the safest options for the E2 visa. Well-known franchises such as Subway, and 7-Eleven are attractive for investors. Franchise systems typically provide a proven business model, reducing the risk of failure for investors.
2. E-Commerce and Online Stores
E-commerce businesses, such as Amazon FBA, Shopify stores, or private-label products, are gaining popularity due to their low startup costs. Focusing on a niche product can be a profitable way to enter the U.S. market.
3. Restaurant and Café Businesses
The food and beverage sector is always in demand in the U.S. Organic food restaurants, vegan cafés, or restaurants specializing in Turkish cuisine are particularly popular. With a successful restaurant concept, you can reach a large customer base in major cities.
4. Automotive Sector: Car Rental or Car Wash Businesses
Car ownership is widespread in the U.S., making car rental or car detailing services profitable business ideas. In particular, electric vehicle charging stations or mobile car wash services are expected to have significant potential in 2025.
5. Digital Marketing Agency
Many small businesses in the U.S. need support with social media management and digital marketing. You can establish an agency specializing in SEO, social media advertising, or content marketing to offer services to these businesses.
6. Beauty and Personal Care Services
Hair salons, spas, and skincare clinics hold a significant market share in the U.S. Opening a beauty center that offers the latest trends and technologies can be particularly successful in large metropolitan areas.
7. Education and Consulting Services
Offering English language instruction to non-native speakers, career counseling, or software training can provide high-profit margins with low startup costs.
Advantages of Starting a Business in the U.S. with an E2 Visa
- Pathway to a Green Card: Although the E2 visa does not directly provide a green card, successfully operating and expanding a business can facilitate the transition to other investment visas like the EB-5.
- Work Authorization for Family Members: The spouses of E2 visa holders can obtain work authorization, and their children can access the U.S. education system.
- Unlimited Visa Renewals: As long as the business remains active, the E2 visa can be renewed indefinitely.
There are numerous business opportunities available for those considering starting a business in the U.S. with an E2 visa. Profitable E2 visa business ideas include franchise operations, e-commerce, restaurants, the automotive sector, and digital marketing agencies. If you aim to establish a successful business in the U.S. through the E2 investor visa, preparing a solid business plan and securing the necessary capital will be key steps for a successful application.
Asım Kılınç, Immigration Attorney, CK Law Firm
The E2 Investor Visa is one of the most popular options for foreign nationals who want to start a business or invest in the United States. This visa offers citizens of specific countries the opportunity to engage in commercial activities and establish a business in the U.S. With the E2 Investor Visa, it is possible to relocate to the U.S. and grow your business. However, there are certain E2 visa requirements and rules that must be followed during the application process. In this blog, we will cover the following topics:
- What is the E2 Investor Visa?
- Requirements for the U.S. E2 Investor Visa
- Rules for the U.S. E2 Visa
- How Much Investment is Needed for the E2 Visa?
- Living in the U.S. with an E2 Visa
- Is it Possible to Obtain a Green Card with an E2 Visa?
We provide detailed information on these topics. If you have any other questions or specific issues, you can always reach out to us via our website. You can also contact me directly on LinkedIn. Enjoy reading!
What is the E2 Investor Visa?
The U.S. E2 Investor Visa is a visa type that grants citizens of countries that have a trade and investment agreement with the U.S. the right to make a substantial investment and establish a business in the U.S. This visa is only available to applicants from designated countries, and there are specific conditions that must be met in order to apply.
Requirements for the U.S. E2 Investor Visa
To apply for the E2 visa, the following E2 visa conditions must be met:
- Nationality Requirement: The applicant must be a citizen of a country that has a trade agreement with the U.S.
- Investment Amount: The investment must be “substantial.” Typically, an investment between $100,000-$150,000 USD is recommended, although the amount can vary depending on the nature of the business.
- Active Business: The investment must involve an active commercial enterprise, not a passive income-generating activity. For example, opening a restaurant or store.
- Control Ownership: The applicant must have control over the business and own at least 50% of the company.
- Job Creation: The investment must contribute to the U.S. economy and have the potential to create jobs for U.S. citizens.
- Temporary Intent: While the applicant may plan to stay in the U.S. with an E2 visa, they must show the intention to return to their home country once the visa expires.
Rules for the U.S. E2 Visa
After obtaining the E2 investor visa, there are specific U.S. E2 investor visa rules that you must follow:
- Business Continuity: The business must remain operational, and the investment must be protected.
- Duration and Renewal: The E2 visa is typically valid for 2 to 5 years and can be renewed as long as the investment continues.
- Family Members: The spouse and children under 21 of the E2 visa holder can also live in the U.S. under the same visa, and spouses can apply for work authorization.
- Visa Purpose Compliance: The E2 visa only permits working at the invested business. Working for another employer is prohibited.
How Much Investment is Needed for the E2 Visa?
The required investment for the E2 visa application is not explicitly defined. However, the investment must be “substantial” and sufficient to sustain the business. Typically, an investment between $100,000 and $150,000 USD is advised. However, the amount can vary based on the type and size of the business.
- Small Businesses: For smaller businesses like a café or consulting firm, an investment of $100,000-$150,000 USD may be sufficient.
- Larger Businesses: For larger, capital-intensive businesses, the investment could exceed $300,000 USD.
The E2 visa investment amount must be large enough to ensure the business’s viability and contribute to the U.S. economy.
Living in the U.S. with an E2 Visa
The E2 Visa offers numerous opportunities for entrepreneurs to start a business and live in the U.S. The supportive business environment fosters innovation and offers access to global markets. The U.S. presents a particularly appealing destination for small and medium-sized enterprises (SMEs) due to its efficient market and global customer base. Additionally, living in the U.S. offers opportunities to experience cultural diversity and build a broad network in the business world.
Cost of living varies depending on the state and city chosen. Metropolises like New York and California have higher living costs, while states like Texas or Florida offer more affordable options. Entrepreneurs should be knowledgeable about tax regulations and business laws to manage their enterprises sustainably. Planning for essential needs like healthcare and education is also critical to enhancing the quality of life in the U.S.
Is it Possible to Obtain a Green Card with an E2 Visa?
Although this visa does not directly grant permanent residence, there are pathways to obtaining a Green Card:
- EB-5 Investor Program: By increasing your investment and investing at least $800,000 USD, you can apply for an EB-5 visa.
- Employer Sponsorship: After expanding your business to a certain level, you can apply for a Green Card through employer sponsorship.
- National Interest Waiver (NIW): If your economic contribution to the U.S. is significant, you may apply for a Green Card through the NIW program.
The U.S. E2 Investor Visa is an excellent opportunity for entrepreneurs who wish to start a business and engage in long-term commercial activities in the U.S. However, it is essential to adhere to the E2 investor visa requirements and rules during the application process, prepare all necessary documentation, and proceed with a sound strategy.
If you are looking to make a fresh start in the U.S. with the E2 visa and create opportunities as an investor, we have shared essential details about the process in this article. Successfully completing this process requires a proper strategy and professional preparation. CK Law Firm can guide you through this process. For more detailed information, you can contact us through our official website. If you have any questions, feel free to reach out to me directly via LinkedIn.
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:
- What is EB-2 and Who Qualifies?
- Key Factors Influencing EB-2 Approval Rates
- Trends in EB-2 Approval Rates
- 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:
- Have an advanced degree (beyond a baccalaureate degree), or
- 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.
Subscribe to Our Newsletter
Subscribe to our newsletter to stay informed about the latest announcements and articles written by our attorneys on U.S. immigration processes.
Aout Us
Our experienced lawyers at CK Law Firm offer effective solutions for those who want to make new beginnings in the USA. We facilitate and accelerate your immigration process by providing consultancy on all visa types.
Our Services
Visas
Business Green Card
Family Green Card
US Citizenship
Talent and Performance Visas
Work Visas
Investor and Trader Visas
Address
All Rights Reserved by CK Law Firm.