How to Get an EB2/NIW Green Card: A Comprehensive Guide
How to Get an EB2/NIW Green Card: A Comprehensive Guide
FRONTMARCH 17, 2025 / IN BLOGS , EB2-NATIONAL INTEREST WAIVER , TR
Ergül Çeliksoy, Immigration Lawyer, CK Law Firm
The EB2/NIW Green Card offers a great opportunity for professionals seeking permanent residency in the United States. This immigrant visa, which does not require employer sponsorship, offers significant advantages, particularly for individuals working in science, engineering, technology, and entrepreneurship. In our EB2/NIW visa application guide, we examine the following topics:
- What is an EB2/NIW Visa?
- How is the EB2/NIW Visa Different from the Standard EB-2 Visa?
- Who Can Apply for an EB2/NIW Visa?
- EB2/NIW Green Card Application Process
- EB2/NIW Visa Costs and Fees
- Factors That Increase the Likelihood of an EB2/NIW Application Being Approved
- What to Do If EB2/NIW Application Is Denied?
These topics conclude our review of the EB2/NIW visa application guide. However, if you have any questions about the E2 visa beyond these topics, you can always ask us on our website. You can also reach me privately through my LinkedIn account.
What is an EB2/NIW Visa?
The EB2/NIW (Employment-Based Second Preference / National Interest Waiver) visa is an immigrant visa designed for 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 type is particularly suitable for highly educated professionals, scientists, researchers, healthcare professionals, engineers, entrepreneurs, and pilots. Individuals whose EB2/NIW application is approved can begin the Green Card process and become eligible for permanent residency in the US.
How is the EB2/NIW Visa Different from the Standard EB-2 Visa?
The standard EB-2 visa requires individuals seeking employment in the US to obtain an offer from an employer, and the employer must support the applicant's immigration application. However, with the National Interest Waiver (NIW), applicants can obtain a visa without employer sponsorship by demonstrating their ability to make significant contributions to the national interests of the US.
Here is a detailed table comparing the EB2/NIW and the standard EB-2 visa:
| Criterion | Standard EB-2 Visa | EB2/NIW Visa |
|---|---|---|
| Employer Sponsorship | Necessary | Not necessary |
| Job Offer | It should be | It doesn't have to be |
| PERM Labor Certificate | Necessary | Not necessary |
| Who Can Apply? | Employer | The applicant himself |
| Application Process | Initiated by the employer | The applicant applies on his own |
| Approval Criteria | The employer must provide a suitable position and prove the candidate's qualifications. | The candidate must demonstrate that he or she will make a significant contribution to the national interest of the United States. |
| Flexibility to Change Jobs | Employer dependent, change can be difficult | Employer independence offers greater flexibility |
| Application Difficulty | More standardized and clear process | More complex due to the need to provide evidence |
| Application Period | 12-24 months | 12-24 months |
| Which Professions Are Suitable For? | Highly skilled professionals | Scientists, engineers, doctors, entrepreneurs, academics, etc. |
| Its Impact on the Green Card Process | Progresses depending on the employer | Directs you directly to the Green Card application |
Who Can Apply for an EB2/NIW Visa?
To apply for an EB2/NIW visa, candidates must meet at least one of the following criteria:
1. Advanced Education
- Have at least a master's degree from the United States or a recognized country.
- If you only have a bachelor's degree, it must be supported by at least five years of relevant work experience.
2. Extraordinary Talent
- Demonstrate outstanding talent in science, art, or business (e.g., academic publications, patents, awards, involvement in well-known projects, etc.).
- Meet at least three of the giftedness criteria established by the U.S. Department of Labor.
3. Contribution to National Interest
- Working in a field that could make significant contributions to the economic, educational, cultural, or technological development of the United States.
- Demonstrate that his or her employment in the United States 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 stages:
Step 1: Completing Form I-140
The US EB2/NIW visa application begins with the I-140 (Immigrant Petition for Alien Worker) form, which is processed by the US Citizenship and Immigration Services (USCIS).
The application must demonstrate that the candidate will make a significant contribution to the national interests of the United States. A strong application document demonstrating professional achievements and expertise in the field must be prepared.
Step 2: Preparation of Supporting Documents
Documents that must be submitted with the I-140 form:
- Academic and professional certificates (diplomas, transcripts)
- Publications, awards, reference letters
- Evidence of professional achievements (patents, projects, articles)
- Detailed explanations of economic and social contributions to the United States
- Documentation supporting future plans
Step 3: Green Card Application (I-485 or Consular Processing)
If the I-140 petition is approved, the applicant can choose one of the following two methods to obtain a Green Card:
- For Those Within the USA: You can apply for a change of status with Form I-485 (Adjustment of Status).
- For Those Outside the US: An immigrant visa can be obtained by completing consular procedures.
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EB2/NIW Visa Costs and Fees
The estimated EB2/NIW costs for the application process through 2025 are as follows:
| Fee Item | Cost (USD) |
|---|---|
| I-140 Application Fee | $715 |
| I-485 (Green Card Application) | $1,440 |
| Asylum Program Fee | $300 |
| Premium Processing Fee (Optional) | $2,850 |
Note: Costs may vary, you can check the current information on the official USCIS website.
Factors That Increase the Likelihood of an EB2/NIW Application Being Approved
To increase your chances of being approved for an EB2/NIW visa, applicants must develop a strong case. Here are the key factors:
- Industry Recognition: Proving expertise in the field through publications, awards, reference letters, and professional achievements.
- Contribution to the United States: Supporting economic growth, creating new jobs, or driving innovation in critical areas.
- Successful Examples: Referencing previously approved applications from candidates with similar profiles.
Strong documentation and a clear contribution plan increase the likelihood of a successful application.
What to Do If EB2/NIW Application Is Denied?
Here's what to do if your EB2/NIW application is denied:
- Reconsideration and Appeal: You can appeal a denial or request a reconsideration of your application. During this process, you may submit additional documentation to correct the decision due to missing information or an incorrect assessment.
- Alternative Visa Options: If your EB2/NIW application is denied, you can apply for alternative visa types such as H-1B, O-1, or L-1. These visas allow you to enter the US under different conditions.
- Legal Support: If your application is rejected, it's crucial to seek the support of an immigration attorney. An attorney will determine the reason for the rejection, guide you through the appeal process, and provide information about alternative visa options.
The EB2/NIW visa is a great opportunity for qualified individuals who want to live and work in the US. However, the process requires careful management. If you'd like to easily access other pages on our site, you can start by clicking our Home page. You can also send me a message through my LinkedIn account if you'd like to connect privately.