The United States EB-2 NIW (National Interest Waiver) policy is a way for certain foreign nationals to obtain a green card without going through the labor certification process. The labor certification process is a requirement for most employment-based green card petitions. It requires the employer to prove that there are no qualified U.S. workers available for the job being offered to the foreign national. Also, USCIS offers a way to improve this process with the EB2 NIW Processing Time.

The EB-2 NIW category is for individuals who possess exceptional abilities in the arts, sciences, or business, who have an advanced degree, and whose work in their field will significantly benefit the United States. The individual must also demonstrate that the national interest of the United States would be adversely affected if a labor certification were required for the alien.

EB-2 NIW Requirements

To qualify for an EB-2 NIW Visa, the individual must demonstrate that it possesses exceptional ability in the field. This can be demonstrated through a combination of education, experience, and recognition in the field.

The individual must also show that their proposed endeavor has both substantial merit and national importance. This can be demonstrated through evidence such as government or private sector support. The likelihood of the endeavor to create jobs or generate revenue, or its potential to improve the U.S. economy.

Furthermore, the individual must prove that his/her work in the field will greatly benefit the United States. This can be demonstrated through evidence such as the potential for commercialization, the potential for the project to be adopted on a national scale, or the potential for the project to have a positive impact on the U.S. economy or national security.

How Soon Can I Apply for Adjustment of Status?

The timing for applying for adjustment of status, or obtaining a Green Card while in the United States, depends on various factors and the specific immigration category you fall under. Generally, most individuals seeking a Green Card will need to complete two primary forms—an immigrant petition and a Green Card application. While someone else typically files the petition on your behalf, certain circumstances may allow you to file for yourself. Common forms involved in this process include Form I-130 for Alien Relative Petition, Form I-140 for Immigrant Petition for Alien Worker, Form I-730 for Refugee/Asylee Relative Petition, and Form I-589 for Application for Asylum and for Withholding of Removal.

Other forms may apply depending on your specific situation, such as Form I-360 for Special Immigrant Petition or Form I-526 for Immigrant Petition by Alien Entrepreneur. Generally, you must have an approved immigrant petition before filing Form I-485, which is the Application to Register Permanent Residence or Adjust Status. Therefore, the timing of your adjustment of status application hinges on the approval of your immigrant petition and meeting the eligibility criteria outlined by the U.S. Citizenship and Immigration Services (USCIS).

USCIS EB-2 NIW: Key Changes

As of 2021, the EB-2 National Interest Waiver (NIW) policy has undergone some changes under the new administration. In 2020, the United States Citizenship and Immigration Services (USCIS) issued new policy guidance for the EB-2 NIW category, which provides additional information on how the agency will evaluate petitions under this category.

One of the key changes in the new policy guidance is that the USCIS will now place more emphasis on the national interest of the United States when evaluating EB-2 NIW petitions. The agency will now consider factors such as the potential for the project to create jobs or generate revenue, the potential for the project to improve the U.S. economy, and the potential for the project to have a positive impact on national security.

Additionally, the new policy guidance includes updated criteria for what constitutes exceptional ability in the arts, sciences, or business. The USCIS now requires that the individual must have a degree from an institution of higher education in the field in which exceptional ability is claimed. Or have at least five years of experience in the field.

How Long Does it Take to Get a Green Card after the I-140 is Approved?

After the approval of the I-140 petition, the next step in the Green Card process largely depends on whether the beneficiary opted for “Adjustment of Status” (AOS) or “Consular Processing“. AOS involves filing Form I-485 with USCIS while inside the U.S., whereas Consular Processing entails applying for an immigrant visa at a U.S. Consulate overseas. The processing times for the I-140 form can vary significantly, ranging from 4 months to 14 months, depending on the specific category under which it is filed.

If AOS was chosen with concurrent filing of both I-140 and I-485, the applications were submitted simultaneously. USCIS will then continue to process the AOS application accordingly. During this period, no further action is required from the applicant. Subsequent steps typically include receiving notification for a biometrics appointment, followed by the processing of additional documents such as the I-765 (work permit) and/or I-131 (travel document).

It’s crucial to refrain from international travel while the travel document is pending to avoid potential complications. After several months of waiting, applicants are typically scheduled for an interview with a USCIS officer. Upon a successful interview, the Green Card is approved, printed, and subsequently mailed to the applicant.

EB-2 NIW Exceptions

The EB-2 NIW category is not available to physicians who have agreed to work in a medically underserved area or for a Veterans Affairs facility. This is because there is a separate immigration category, known as the EB-3 Conrad 30 Waiver Program, which is specifically for physicians in these situations.

EB-2 NIW Criteria: Unqualified Applicants

According to the United States Citizenship and Immigration Services (USCIS), there are several types of applicants who may not qualify for an EB-2 National Interest Waiver (NIW). Some examples include:

1. Individuals whose work does not have a substantial impact on the national interest: The EB-2 NIW category is intended for individuals whose work is in the national interest, so those whose work does not meet this criterion would not qualify.
2. Individuals who do not meet the requirements for an EB-2 visa: In order to be eligible for an EB-2 NIW, an individual must first meet the requirements for an EB-2 visa, which include having an advanced degree or exceptional ability in their field.
3. Individuals whose work does not require an advanced degree or exceptional ability: The EB-2 NIW category is intended for individuals whose work requires an advanced degree or exceptional ability, so those whose work does not meet this criterion would not qualify.
4. Individuals who are not able to demonstrate that their work would be in the national interest: An applicant for an EB-2 NIW must be able to demonstrate that their work would be in the national interest, and if they cannot do so, they would not qualify.

What is the Premium Processing Time for EB-2 NIW? – EB2 NIW Processing Time

Premium processing for the EB-2 NIW (National Interest Waiver) visa offers expedited processing, allowing applicants to receive a decision on their petition within 15 calendar days. This service is particularly beneficial for individuals who require swift resolution of their immigration status. As of February 2024, the cost of premium processing for the EB-2 NIW visa stands at $2,805.

While this fee may seem substantial, it provides applicants with the assurance of a faster turnaround time, enabling them to proceed with their immigration plans more efficiently. The option of premium processing underscores the importance of timely decision-making for individuals navigating the complex immigration system, offering a valuable solution for those seeking expeditious resolution of their visa petitions.

Navigating Requirements and Challenges in EB-2 NIW Visa Applications

The requirements for the EB-2 NIW category are the same for all applicants, regardless of citizenship.

However, there are some general differences in the process and requirements for different types of applicants. For example, citizens of certain countries may have to wait longer to apply for a green card due to quotas and backlogs. Additionally, citizens of some countries may be subject to additional security checks.

This could be done in an effort to prevent fraud and ensure that only those individuals whose work truly benefits the United States are able to obtain an EB-2 NIW.

Conclusion

Overall, the EB-2 National Interest Waiver policy is a way for certain foreign nationals to obtain a green card without going through the labor certification process. It is intended for individuals who possess exceptional abilities in the arts, sciences, or business, or who have an advanced degree, and whose work in their field will significantly benefit the United States. The individual must also demonstrate that the national interest of the United States would be adversely affected if a labor certification were required for the alien. Premium Processing is a service offered by the United States Citizenship and Immigration Services (USCIS) that allows for expedited processing of the petition, with a decision being made within 15 calendar days, for a fee of $2,805.