Visa EB-2 NIW: eligibility Processing times Evidences Whole process

1. Visa EB-2 NIW belongs to category of
Immigrant visas. This type of visa give you
right to live and work in the US and become a
citizen of the US in 5 years. Detailed process
of how to apply described below
The second-preference employment category (EB-2)
allows foreign nationals holding advanced degrees and
individuals with exceptional ability in the Arts, Sciences
and Business to get a U.S. green card.
A National Interest Waiver (NIW) petition falls in the
employment-based, or so-called “second-preference (EB-
2)” immigration category.
National Interest Waiver (NIW) is a provision, which lets
EB-2 green card applicants skip the intensive PERM Labor
Certification process, cutting down their green card wait
time by significant amounts.
NIWs are usually granted to those who have exceptional
ability (details provided later in the guide) and whose
employment in the United States would greatly benefit
the U.S. nation.
Visa EB-2 NIW (National Interest Waiver)
EB-2 NIW Criteria
In order to be qualified for EB-2 NIW (National Interest Waiver),
the foreign national must either have an ‘exceptional ability’ or
hold an advanced degree (or its equivalent) in fields of
sciences, arts, or business.
The table below enlists the eligibility criteria of all the
occupational categories and requirements for foreign
candidates applying for an EB-2 NIW green card.
EB-2 NIW Advanced Degree Requirements
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SA-NC
Who is eligible for EB-2 NIW
Description
• You must have an advanced degree, or it’s foreign
equivalent, for the applied job.
• It may include a baccalaureate or foreign equivalent degree,
along with 5 years of post-baccalaureate, progressive work
experience in the field.
Documents
• Official academic record showing that you have a U.S.
advanced degree or a foreign equivalent degree
• Official academic record showing that you have a U.S.
baccalaureate degree or a foreign equivalent degree, which
could include a U.S. or foreign Ph.D, MD/MBBS, or
M.S./M.Tech)
• Letter of recommendations from current or former employers,
ensuring that you have at least 5 years of progressive post-
baccalaureate work experience in the field.
• United States doctorate or foreign equivalent degree (if
applicable)
EB-2 NIW Exceptional Ability Requirements
Description
• Exceptional ability: a degree of expertise significantly above
that ordinarily encountered in the sciences, arts, or business.
• You must be able to show exceptional ability in the sciences,
arts, or business.
• You must meet at least three of the criteria in the
documents, listed in the next column.
Documents
• Official academic record showing that you have a degree,
diploma, certificate, or similar award from a college,
university, school, or other institution of learning relating to
your area of exceptional ability
• Letters documenting at least 10 years of full-time experience
in your occupation
• A license to practice your profession or certification for your
profession or occupation
• Evidence that you have commanded a salary or other
remuneration for services that demonstrates your exceptional
ability
• Membership in a professional association(s)
• Recognition for your achievements and significant
contributions to your industry or field by your peers,
government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.
EB-2 NIW Advanced Degree Requirements
Foreign nationals seeking a national interest waiver to the Labor
Certification, must work towards the best interest of the United
States.
Although the jobs qualifying for a national interest waiver are
not defined by statute, NIWs are granted to aliens with
exceptional ability, whose employment in the United States
would greatly benefit the nation.
Those seeking a national interest waiver may self-petition and
directly file their Form I-140, Petition for Alien Worker to the
USCIS.

2. Visa EB-2 NIW (National Interest Waiver)
EB-2 NIW List of Profession and Documents
Along with evidence of an advanced degree or exceptional ability, you must meet the National Interest Waiver criteria, for USCIS to waive the requirement of a job offer and the labor certification.
There are a wide variety of occupations, which meet the criteria for NIW. Some of them are listed below (but not limited to):
Researcher, Scientist, Artist, Animator, Musician, Physician, Dentist, Pilot, Entrepreneur, Engineer (any discipline), Designer Lawyer, Therapist, Economist, Professor, Businessperson, Veterinarian, Nurse, Pharmacist,
Urban planner, Consultant manager, Architect
It must be noted that just because an applicant works in one of these professions, they are not necessarily eligible for the EB-2 NIW, unless they demonstrate their unique position and how it serves the national interest.
Documents
• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
EB-2 NIW List of Profession and Documents
Once your I-140 petition is approved, your immigrant spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
Your (EB-2 NIW applicant) dependents will also be able to file the Form I-485 Adjustment of Status Applications (once your EB-2 priority date is current) as part of your NIW green card application process, allowing them to
receive their own green cards.
EB-2 NIW for Entrepreneurs
A foreign entrepreneur without a job offer from a U.S. employer can self-petition himself/herself, if the foreign entrepreneur qualifies for a second category employment National Interest Waiver.
Many foreign entrepreneurs filing under the EB-2 visa category, make it through the EB-2 NIW category, for which they must meet the requirements of the NIW petition.
As mentioned above, a foreign entrepreneur can only apply for an immigrant visa through this petition if he/she holds an advanced degree or holds an ‘exceptional ability’ in the fields of science, arts or business.
There are specific provisions for an entrepreneur who is applying for NIW.
The NIW allows the foreign entrepreneurs to bypass the PERM certification entirely. With this provision, he/she doesn’t need an employer’s petition or labor certification.
The foreign entrepreneur, however, will have to convince the USCIS that their proposed endeavor will have significant potential to employ U.S. workers, along with substantial positive economic impacts.
Recommendations and positive reviews from the foreign entrepreneur’s clients who have or are willing to patronize their enterprise will support the entrepreneur’s case strongly.
In order to get a PERM waiver, the entrepreneur must present evidence to confirm that the benefits of his/her business will outweigh the significance of enforcing the PERM.

3. Visa EB-2 NIW (National Interest Waiver)
EB-2 NIW Checklist of documents
Forms
• Completed and signed Form I-140, Petition for Immigrant Worker, or
• I-140 e-filing confirmation receipt, if you have filed the form online
• Completed and signed Form ETA-750B.
Letters of Recommendation
Make sure these recommendation letters are signed from experts in the
field.
• Recommenders’ resumes must be included behind their signatures.
• If not, attach a printed page of their online biography.
• There is no cap on the number of LORs, however 5-7 letters will be
good.
The experts may include:
• Editors of journals in which your work has published,
• Researchers in recognized national or international organizations, or
government agencies,
• Researchers who commercialized your research, and/or
• Advisors on your research
Conference Presentations and Publications
• Seminars where you were invited as guest speaker
• Invited guest for prestigious organizations like IEEE,
• Published abstracts at conference proceedings,
• Distinguished reputation in conferences
• Copies of your publications
• Copies of your conference published, with your name highlighted,
• Requests for reprints of publications
Awards and Coverage
• Any award in your field, or the U.S., or worldwide
• Best conference paper award
• Major trade journals
• Journals in which your work has been published and its ranking.
• Media coverage in science news,
• Your work published in any major news outlet, like CNN, New York
Times, USA Today, among others.
Supervisory Position
• Reviewer for a scholarly journal,
• Member of an editorial board of a scholarly journal,
• Associate editor,
• Conference chair holder,
• Judging an award for excellence in your field
Commercial Success
• Sales figures and revenues
• Pay stubs or tax returns, showing your salary
• Email requests for your work,
• High number of article downloads,
• Requests for collaboration
• Proof showing your business has improved the economy
• Evidence that you work in the same field
• Your leadership roles
• Proof of at least 2+ years of experience in the area
Other Documents (All Compulsory)
• Evidence supporting that the applicant has an advanced degree or
exceptional ability
• Copy of diploma for your highest degree
• All academic records
• An updated resume
• Copy of your passport
• Copies of front and back sides of your most recent I-94 card.
EB-2 NIW Entrepreneurs checklist of documents and costs
Documents for Petitioner
• Completed and signed Form I-140, Petition for Immigrant Worker, or I-140 e-filing confirmation receipt, if you have filed the form online – 700$
• Completed and signed Form ETA-750B – free
• Completed and signed Form I-485 – 1140$
• Biometric services – 85$
• Completed and signed Form G-1145 – free
• Form I-693 (medical Exam) – 250-400$
• Form I-94 – free
• Letters of recommendation from clients – free
• Proofs of experience (resume, letter from previous employer) – free
• Business plan – 300-700$
• Advanced degree, or it’s foreign equivalent – 250$
• Matter of DHANASAR (next slide) – free
• Statement from the beneficiary detailing professional plans
Documents for Dependents
Once your I-140 petition is approved, your immigrant spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively. Dependents will
also be able to file the Form I-485 Adjustment of Status Applications (once your EB-2 priority date is current) as part of your NIW green card application process, allowing them to receive their own green cards.
This Photo by Unknown Author is licensed under CC
BY-NC

4. Matter of DHANASAR
Under the new test, in order to be granted an NIW, an EB-2 petitioner - either the foreign national or an employer - must meet all of the following criteria, under the preponderance of evidence standard:
1. The foreign national’s proposed endeavor has both substantial merit and national importance. A wide range of fields of endeavor may qualify, including business, entrepreneurialism, science, technology, culture, health, and
education.
2. The foreign national is well-positioned to advance the proposed endeavor. To determine whether the foreign national meets this requirement, USCIS will look to his or her education, skills, knowledge and record of success in
related or similar efforts, a model or plan for future activities, progress toward achieving the endeavor, and the interest of potential customers, users, investors or other relevant entities or individuals.
3. On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category. To meet this requirement, USCIS will consider (among other factors) whether the U.S. would benefit
from the foreign national's contributions even if qualified U.S. workers are otherwise available, and whether the national interest of the foreign national's contributions is sufficiently urgent to warrant foregoing the labor
certification process.
Substantial Merit and National Importance
For entrepreneurs cases:
For entrepreneurs, establishing/expanding business USCIS requires specific evidence of substantial economic benefit achieved due to the proposed endeavor. Unlike in case of research endeavors, USCIS will not look at
potential or indirect effect of the endeavor. (Matter of A-R-A- Where detailed business plan for a growing personal electronic distribution company suggested positive economic metrics, benefit to national producers as
well as to logistics partners throughout U.S., USCIS referenced absence of “specific” evidence of “substantial economic benefit” and found no national importance present. Matter of K-O-A-A- AAO reversed finding of
national importance questioning specifics of business plan where petitioner proposed to employ homeless people in her endeavor and citing no evidence of specific location of the company, or specific number of homeless
she intends to hire.)
Dhanasar gives the following examples of demonstrating a beneficiary’s strong position to advance
their proposed endeavor:
• Education, skills, knowledge and record of success;
• Model or plan for future activities;
• Progress towards achieving the proposed endeavor;
• Interest of potential customers, users, investors, etc.
Substantial Merit and National Importance
A reliable way to demonstrate professional plans is through a business plan, particularly for self-
sponsored petitioners. As such, either a professionally prepared business plan with financial
projections, or a detailed statement with market analysis could be a helpful tool to meet this prong.
Clearly, to be well positioned to advance their field of endeavor, a beneficiary must demonstrate an
impressive level of accomplishment, unique skills, innovative ideas, and a specific plan for
implementation of those ideas.
On Balance, it is Beneficial to the U.S. to Waive a Job Offer and Labor Certification Requirement
To successfully meet the balancing test, unique and exceptional qualifications of the beneficiary should
be highlighted to show that, because of these qualifications, the beneficiary should not be regarded as
competing with U.S. workers. Rather, he or she is in a class of their own, and putting them through the
labor certification process, or requiring them to have a job offer (in the case of an entrepreneur or an
exceptional foreign national seeking to self-sponsor) would make the job they are performing no
longer viable because of stringent DOL requirements.
Foreign nationals who present a significant benefit to their field of endeavor create a paradox that
cannot be solved by the labor certification process. While the labor certification process normally
serves the national interest by protecting American jobs, it is precisely in the case of individuals who
present a significant benefit to their field of endeavor, that the national interest would not be served
by a blind adherence to the “minimally qualified” standard of the labor certification process.
NIW for Entrepreneurs
In particular, Dhanasar supports businesspeople by:
• Allowing use of the applicant’s degrees and experience. This benefits highly educated entrepreneurs.
• Permitting teaching as evidence. For example, an entrepreneur who also teaches in his or her field will now get a boost in the NIW category.
• Clarifying that benefit to the U.S. interest can be local, such as helping to create jobs in a depressed area or creating a specialized local product. Entrepreneurs can argue the impact of their work on the economy, starting
regionally, and then adding national supply chain implications if applicable.
• Noting specifically that entrepreneurial work can lead to an NIW. This has been on the USCIS website for a couple of years, but now it in case law. The decision notes that “evidence that the endeavor has significant potential
to employ US workers or has other substantial positive economic effects... may well be understood to have national importance.”
• Clarifying that the entrepreneurial venture does not need to succeed to be valuable: “many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent
execution. We do not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed.” The business just needs to be “well positioned to advance the proposed endeavor.”
This stresses the importance of a high-quality business plan for entrepreneur NIW cases.