What is the EB-2 NIW Visa? How to Get It? Step-by-Step Green Card Application Process
America continues to be an attractive hub for talented and successful individuals from all over the world. If you are a professional with a graduate-level education or a person with exceptional abilities in your field, the EB-2 Visa, which allows you to obtain permanent residency (a Green Card) in America, could be a significant opportunity for you. The National Interest Waiver (NIW) option, in particular, can significantly speed up the process by eliminating traditional obstacles such as a sponsored job offer and a labor certification. In this comprehensive guide, we will delve into what the EB-2 Visa is, who can apply, all the steps of the application process, processing times, and potential challenges you may face. Our goal is to make complex immigration laws understandable for you and to help you take informed steps on your path to your American dream. This visa category aims to attract qualified individuals who will contribute to the scientific, economic, and cultural development of the United States.
Green Card in America with the EB-2 NIW Visa (A Comprehensive Application Guide)
The EB-2 Visa is a green card-based immigration visa for individuals with specific professional qualifications who wish to obtain permanent residency (Green Card) in the United States. This visa targets individuals who will substantially benefit the U.S. economy, its cultural or educational interests, or its welfare. While employment-based Green Card applications normally require sponsorship from an employer, EB-2 NIW applications do not require an employer sponsor. The applicant can self-petition for a Green Card through the EB-2 NIW based on their past experience, professional background, or academic career. In essence, the waiver means that the individual, with their own qualifications, can apply and be exempt from the employer sponsorship requirement. This exemption is called the National Interest Waiver (NIW).
Who Can Apply for the EB-2 NIW Visa?
The EB-2 Visa is divided into two main subcategories, each targeting individuals with different qualifications:
Advanced Degree Professionals: This category is for individuals who have an advanced level of education, such as a master's or doctoral degree. If an individual without a graduate degree wishes to apply, they can meet this requirement by demonstrating at least five years of progressive experience in their field after obtaining their bachelor's degree.
👉 Advanced Academic Degree: Holding a master's, doctorate (Ph.D.), or a higher academic/professional degree from the United States, or a foreign equivalent.
OR
👉 Bachelor's Degree + 5 Years of Progressive Work Experience: Holding a bachelor's degree from the United States or a foreign equivalent AND having at least five years of progressive work experience in your specialty field after obtaining the bachelor's degree. This combination is considered equivalent to a master's degree. This does not mean five years of work experience in the same job position without any change in job description.
Individuals of Exceptional Ability: This category is defined as "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business." To demonstrate your eligibility for this category, you must provide documentary evidence that you meet at least 3 of the following 6 criteria:
- Academic Record
- Letters of Experience
- License or Certification
- Evidence of High Salary
- Professional Memberships
- Recognition of Achievements
Proving your eligibility under one of these two categories is just the first step for an EB-2 NIW application. After proving this eligibility, you must also pass the three-pronged test from the Matter of Dhanasar decision, which demonstrates why waiving the job offer and labor certification requirements is in the national interest of the United States. A detailed evaluation of this will be provided later in our article.
What are the EB-2 Visa Requirements? (Detailed Evaluation for 2 Different Subcategories)
The application requirements and eligibility criteria for the EB-2 Visa vary depending on which subcategory the applicant is applying under. To make the complex legal information more understandable and to allow readers to quickly assess their own qualifications, we believe presenting these criteria in a table format will be more beneficial.
What are the EB-2 NIW Application Requirements for Professionals with an Advanced Degree or a Bachelor's + 5 Years of Experience?
To apply under this category, the position and the applicant must require an advanced degree or its equivalent (a bachelor's degree plus five years of progressive work experience). The immigration office (USCIS) also focuses on the applicant's "proposed endeavor." So what is this proposed endeavor? "Proposed endeavor" can be best translated as "Proposed Field of Work," "Intended Venture," or "Future Project." This is much more than a job description. It is a detailed and strategic plan that explains what specific work the EB-2 NIW applicant will do in their field of expertise upon settling in the United States, which projects they will undertake, and why this work is important for the U.S.
What Should a Good "Proposed Endeavor" Include?
A strong "proposed endeavor" statement that will convince USCIS should include these four fundamental elements:
1️⃣ It Must Be Specific and Detailed
General and vague statements should be avoided. Your goal is to create a clear picture in the USCIS officer's mind about the work you will do.
- Weak Statement: "I will work as a software engineer in the U.S."
- Strong Statement: "In the U.S., I will focus on developing artificial intelligence-based cybersecurity solutions specifically for small and medium-sized enterprises in the financial sector. My goal is to work on a new algorithm, for which I plan to file a patent application, that will protect these businesses against ransomware."
2️⃣ It Must Have National Importance
This is the first and most important requirement of the NIW. You must show how the project or work you will undertake will benefit not just you or the company you might work for (or establish), but the U.S. as a whole. This benefit can be in the following areas:
- Economy: Creating new jobs, making an industry more efficient, increasing U.S. competitiveness.
- Healthcare: Developing a new treatment or diagnostic method for a significant disease, improving public health.
- Technology and Science: Contributing to U.S. leadership in a critical technology area (artificial intelligence, biotechnology, renewable energy, etc.).
- National Security: Working on projects related to the defense industry, cybersecurity, or the protection of critical infrastructure.
- Education, Culture, or Arts: Undertaking projects in your field that will provide tangible and widespread benefits to the country.
3️⃣ It Must Be Based on a Feasible Plan
It is not enough to just say what you will do; you must also show that you have a concrete plan on how you will do it. This proves that you are "well-positioned" to advance this work.
- If you are an entrepreneur: A detailed business plan, letters of intent from potential investors or customers, market research.
- If you are a researcher: Your research plan, potential universities or institutes you could work with, letters from experts who have shown interest in your work.
- If you are a professional: A roadmap detailing in which sector and on what types of projects you will use your expertise, and how you will initiate these projects.
4️⃣ It Must Be Directly Linked to Your Background and Expertise
The project you propose must be directly related to your advanced degree or exceptional ability. Your past achievements, publications, projects, and experience are the greatest proof of your potential to successfully complete the proposed work in the future.
Examples of "Proposed Endeavor"
| Field | Weak Statement ("Profession") | Strong Statement ("Proposed Endeavor") |
|---|---|---|
| Biomedical | "I will work as a cancer researcher." | "I will lead a drug development project focused on targeting a specific gene mutation to halt the progression of pancreatic cancer. This work has the potential to offer new hope for treatment for thousands of patients in the U.S." |
| Civil Eng. | "I will design sustainable buildings." | "I will work on retrofitting existing old buildings in U.S. regions at risk of earthquakes with a low-cost and environmentally friendly seismic strengthening technique that I have developed. This project will increase public safety and protect national infrastructure." |
| Business | "I will provide marketing consulting." | "I will establish a consulting firm that develops digital marketing and supply chain strategies to help small agricultural businesses in rural areas of the U.S. bring their products to national and international markets." |
In summary, the "proposed endeavor" is your personal and professional promise to the U.S. immigration system. The more detailed, concrete, aligned with U.S. interests, and supported by your background it is, the stronger your EB-2 NIW application will be.
Table: EB-2 Criteria for Professionals with an Advanced Degree or Bachelor's + 5 Years of Experience (Enhanced with Examples)
| Criteria | Description/Requirement | Required Evidence | Concrete Examples |
|---|---|---|---|
| Possession of an Advanced Degree | Holding a U.S. master's or Ph.D. degree, or a foreign equivalent degree. | Official academic records (transcripts, diplomas). | A Ph.D. diploma in Biotechnology from Johns Hopkins University or a "Master of Technology" degree from Istanbul Technical University in Turkey. |
| Experience Equivalent to an Advanced Degree | Holding a bachelor's degree or a foreign equivalent AND having at least 5 years of progressive work experience in the same specialty field after graduation. | Official academic records (bachelor's diploma) and detailed reference letters from current/former employers that show not only the duration of the experience but also the increasing responsibilities. | Example of Progressive Work Experience: A software engineer has worked for 6 years after graduating with a bachelor's degree: • Years 1-2: As a Junior Developer, performed assigned tasks. • Years 3-4: As a Mid-Level Developer, took on the design of small modules and mentored interns. • Years 5-6: As a Senior Developer, began leading a team, making system architecture decisions, and setting the overall technical direction of the project. What to Write in the Evidence Letter: The reference letter should clearly document this progression in title and responsibility (e.g., from coding to team management and architectural design) with dates. |
| Proposed Endeavor Requirement | For NIW: The nature of the work the person proposes to do in the U.S. must require an advanced degree or its equivalent. | For NIW: A petition letter detailing the proposed endeavor. Job postings for similar positions (e.g., stating "Ph.D. required"). Reference letters from experts in the field explaining why this work requires master's/doctoral level knowledge. | Good Example: A researcher with a Ph.D. in pharmacology proposes a project to "identify molecular targets for a new cancer drug." This type of R&D work inherently requires doctoral-level knowledge. Similar "Principal Scientist" job postings submitted as evidence all state "Ph.D. required." Poor Example: A person with an MBA in marketing proposes to "run a coffee shop." Since managing a coffee shop does not typically require an MBA, this may not meet the criterion. |
| Professional Qualification | The position must be considered a "professional occupation" under U.S. law, meaning it requires a minimum of a bachelor's degree for entry. | Printouts from U.S. Department of Labor databases like O*NET showing the educational requirements of the occupation. Professional licensing requirements. | Suitable Occupation Example: Electrical Engineer. To practice this profession, at least a bachelor's degree is almost always required. This is a standard professional occupation. Unsuitable Occupation Example: Gourmet Chef. A chef can be exceptionally talented, but a bachelor's degree is not generally a requirement for entry into the profession. Therefore, this person should try the "Exceptional Ability" category instead of this one. |
This table summarizes the basic qualifications required for professionals with an advanced degree and the types of evidence that should be submitted to support them. Detailing the concept of "progressive experience," in particular, helps applicants understand that they must document not just the duration but also the quality and development of their experience. Given USCIS's increased scrutiny in this area, it is crucial that each criterion is supported by complete and strong evidence.
What are the EB-2 NIW Requirements for Individuals of Exceptional Ability?
Applicants in the exceptional ability category must demonstrate that their degree of expertise in the sciences, arts, or business is significantly above the general level in their field. Those seeking a Green Card in this category are expected to prove that they meet at least three of the six criteria listed below.
Table: EB-2 Exceptional Ability Criteria and Evidence
| Criteria | Description/Requirement | Example Evidence |
|---|---|---|
| 1. Academic Record | A degree, diploma, or certificate from a college, university, or other educational institution related to your area of exceptional ability. | Official academic transcripts and diplomas. |
| 2. Letters of Experience | Letters from current or former employers showing at least 10 years of full-time experience in your occupation. | Letters from employers detailing the duration and nature of the experience. |
| 3. License or Certification | A license to practice your profession or certification for your profession. | Relevant professional licenses or certifications (e.g., CPA license, engineering license). |
| 4. High Remuneration | Evidence that you have commanded a high salary or other remuneration for services, which demonstrates your exceptional ability. | Pay stubs, contracts, evidence of earnings above the average for similar positions in the industry (e.g., industry reports). |
| 5. Professional Association Membership | Membership in a professional association where membership requires outstanding achievements of its members. | Membership certificates, association bylaws, or documents showing membership criteria. |
| 6. Recognition of Achievements | Recognition for your significant contributions and achievements in your industry or field by your peers, government entities, or professional or business organizations. | Awards, press coverage, peer-reviewed articles, patents, conference invitations, citations to publications, expert opinion letters. |
| 7. Other Comparable Evidence | For applicants who cannot meet three of the above criteria but can prove their exceptional ability in other ways. | Any tangible evidence demonstrating the ability, which may be accepted at the discretion of USCIS. |
These criteria require applicants to demonstrate their exceptional ability in a concrete and measurable way. USCIS evaluates each application based on the totality of the evidence, and a single factor or piece of evidence is not sufficient. It has been observed, especially in recent years, that USCIS has increased its scrutiny in this area and expects specific, detailed, and verifiable evidence rather than general letters of praise. This emphasizes that applicants must exercise the utmost care in preparing their files and follow a strong legal strategy.
Conclusion: CK Law Firm is by Your Side on the Path to Your American Dream
For advanced-degree professionals and individuals of exceptional ability dreaming of permanent residence in the United States, the EB-2 Visa opens a significant door, especially with the National Interest Waiver (NIW) option. In this comprehensive guide, we have covered many important topics, from the basic definition of the EB-2 Visa to eligibility criteria, the steps of the application process, processing times, and potential challenges you might face. It should not be forgotten that the EB-2 Visa process is a complex journey that requires detailed legal knowledge and meticulous document preparation. The increased scrutiny from USCIS, particularly with recent policy updates, makes it imperative that applications are prepared with even greater care.
For a successful application, it is vital to present your qualifications in the best possible light, support the national importance with concrete evidence, and develop proactive solutions for potential challenges. You are not alone on this path to your American dream. As CK Law Firm, with our deep expertise and experience in U.S. immigration law, we provide strategic and effective legal counsel tailored to each client's individual situation. We simplify complex legal processes for you, stand by you at every stage of your application, and guide you to achieve your goals.
Contact CK Law Firm today to receive legal advice specific to your personal situation or to learn more about the EB-2 Visa and the National Interest Waiver (NIW). Our expert team is ready to support you on your way to your new life in America.
Legal Disclaimer: The information contained in this blog post is for general informational purposes only and does not constitute legal advice. As U.S. immigration laws and procedures can change frequently, the timeliness and accuracy of the information provided here cannot be guaranteed. You must consult a qualified immigration attorney for legal advice specific to your personal situation. This article has been reviewed by an expert immigration attorney at CK Law Firm prior to publication.
Note on Periodic Content Updates: U.S. immigration laws and policies are dynamic and are frequently updated. Therefore, please note that the information presented in this article is current as of its publication date, but for the most up-to-date and personalized information, you should always visit the official USCIS website or seek assistance from an expert immigration attorney.