In a bustling Miami office, immigration attorney Joaquin Rosales Aramburu sat down with Aladdin Kilic to launch Visa Franchise’s first-ever in-person podcast episode. Against the backdrop of the city’s vibrant culture and a melting pot of immigrant stories, their discussion zeroed in on one of the most complex yet hopeful facets of the U.S. immigration system: the EB-2 National Interest Waiver (NIW).
The EB-2 NIW isn’t just another visa. It’s a beacon for those whose work transcends borders and holds the promise of advancing American interests. But this pathway to a green card demands more than academic degrees or professional accolades. It requires a compelling narrative, a vision for the future, and the ability to demonstrate national significance.
This article dives deep into what the EB-2 NIW means, how it works, and what it represents in the broader context of U.S. immigration policy.
The Political Divide on Immigration
As the 2024 U.S. elections approach, immigration remains one of the most discussed topics, second only to the economy. Both political parties have drastically different views on how to handle immigration, and this is reflected in the current debates.
Joaquin Rosales Aramburu explains the polarization:
“It’s going to be very sort of polar opposite views when it comes to the immigration system. On the Trump side, they really want to double down on cracking down on immigration, whether that’s mass deportations or restricting benefits for visa holders like spouses of people on L Visas.”
The EB2 NIW, a pathway for skilled professionals and entrepreneurs, becomes particularly relevant in this political climate. Despite the challenges and uncertainties, both parties agree that the U.S. needs to continue attracting top talent.
What Is the EB2 NIW and Why Is It Important?
The EB2 NIW visa is an employment-based Green Card option that allows self-petitioning for individuals who can prove that their work benefits the national interest of the United States. Unlike other employment-based visa categories, the EB2 NIW doesn’t require an employer to sponsor the applicant, making it an attractive option for entrepreneurs and researchers who can contribute to U.S. society.
Joaquin highlights the importance of the national interest component of the EB2 NIW:
“Essentially, the system was established, you know, as the letter suggests, it’s employment-based. So there was obviously an important issue that had to be addressed, and that was the issue of the lack of potential people that can sort of push the economy forward and also attract people who were very talented to this country.”
He adds:
At the same time, companies around the country didn’t have the sort of brain power within the United States to expand. You see all these big companies like Google bringing in CEOs from across the world.
The essence of employment-based visas is to attract people who can contribute to the economy, and that’s the foundation of the EB2 NIW—it’s grounded in the need to bring in talent that serves the national interest.”
National Importance: Proving You’re Needed in the U.S.
At the heart of the EB2 NIW process is the ability to prove that your work will serve U.S. national interests. Joaquin Rosales Aramburu explains:
“There is a level of subjectivity to it, right, and discretion. It’s a very discretion-based application. You’re dealing with a human being, an agent of USCIS, who’s going to be reviewing your petition.
It’s not like you have a panel; it’s typically one agent. But in the end, they do have guidelines and criteria they follow, but they make the final determination. There’s been directives and initiatives by administrations, and this current administration, for example, pushed for people from STEM backgrounds—science, technology, engineering, mathematics—to be approved.
They want these types of people in the United States. It’s important to demonstrate that what you’re doing will have an impact on the nation.”
He further explains the idea of making a national impact:
“It might seem intimidating to think about impacting the entire country, but you may just be a piece of a bigger picture. Your work doesn’t have to change everything immediately, but if your endeavors align with current initiatives and the direction of the economy, your contribution could be highly valuable.”
This can include scientific research, technological development, or even entrepreneurial ventures that contribute to job creation or social progress.
Do You Need a Master’s Degree to Qualify for EB2 NIW?
A common misconception is that applicants need to hold an advanced degree to qualify for the EB2 NIW. However, Joaquin clarifies this point:
“This is where a lot of people, you know, I don’t want to say get bamboozled, let me use that word. Bamboozled means essentially you’re getting tricked. Because what it actually says is that you either have an advanced degree or you have exceptional abilities.
So, when you actually look at the letter of the law and you go into USCIS, they separate it into two. So it’s really easy to make a sale and say, ‘Look, you have an advanced degree—read it right there.
If you have an advanced degree, then you’re going to be approved.’ But they’re not mentioning the part of how do you prove that you are of national interest, and that goes into the criteria that you have to meet in order to show that.”
The EB2 NIW Self-Petition Process
One of the main advantages of the EB2 NIW is that it allows self-petitioning—meaning applicants do not need an employer to sponsor them. Aladdin Kilic explains:
“The beauty of the EB2 NIW is that it allows self-petitioning. You’re not tied to a specific employer or job offer. Instead, you’re proving that you, as an individual, are needed in the U.S. and that your work is in the country’s best interest.”
This is particularly advantageous for entrepreneurs and researchers, who may not have a traditional employer-employee relationship but still contribute significantly to U.S. society.
Navigating the EB2 NIW Process: Key Steps
The EB2 NIW process is complex, and understanding the steps involved is critical. Joaquin Rosales Aramburu breaks down the basic stages:
Step 1: Labor Certification (For Other Visas)
For many employment-based visas, a company must obtain labor certification from the Department of Labor (DOL) to prove that no qualified U.S. workers are available for the job. However, the EB2 NIW bypasses this requirement.
“In the case of the EB2 NIW, you’re essentially bypassing the labor certification process because you’re not tied to a specific job or employer.
Instead, you’re showing that your work benefits the national interest, which allows you to self-petition.”
Step 2: Filing the I-140 Petition
Once applicants demonstrate they meet the necessary requirements, they file the I-140 petition with USCIS.
“This is where you petition for yourself. You’re telling the U.S. government, ‘Here’s why I’m valuable to the country, and here’s the evidence that supports my claim.'”
Step 3: Adjustment of Status
If you’re in the U.S. on a valid visa, the next step is applying for an adjustment of status (I-485), which allows you to change your visa status to that of a permanent resident.
Step 4: Consular Processing (For Applicants Outside the U.S.)
For those applying from abroad, the process will involve consular processing, where applicants attend an interview at a U.S. consulate to finalize their Green Card application.
Challenges of Retrogression and Wait Times
A major challenge in the EB2 NIW process is the issue of retrogression, particularly for applicants from India and China. Joaquin Rosales Aramburu explains:
Joaquin explains the issue of visa backlogs and wait times:
“If you’re born in India or China, retrogression is a huge problem. The wait times for EB2 NIW could be 10 to 15 years, depending on your country of origin. This is because the U.S. only allocates a limited number of visas each year for employment-based visas.
Once that limit is reached, applicants must wait until their priority date becomes current.”
He further elaborates on how the Visa Bulletin works:
“Each month, the Department of State comes out with a Visa Bulletin where basically it says, ‘Hey, look, based on the amount of petitions that we’re getting in right now, the amount of petitions that we were able to process, we’re giving you an estimate that now we’re basically going through March of 2021, or whatever it may be.
‘ This gives you a view as to how long they’re taking in processing these visas.”
Premium Processing: Expediting the EB2 NIW Process
One option for speeding up the process is premium processing, which expedites the I-140 petition. Joaquin Rosales Aramburu highlights:
“Premium processing is available for the I-140 petition, but not for the Labor Certification process. It can certainly save you time, but it doesn’t speed up the overall Green Card process.”
For EB2 NIW applicants, premium processing means getting an answer in 45 days instead of the typical 8 to 12 months. However, applicants should be aware that this does not change the overall wait for visa availability due to retrogression.
Life After EB2 NIW Approval: What’s Next?
Once an EB2 NIW petition is approved, applicants must still wait for a visa to become available, especially if retrogression applies to their country of origin. Aladdin Kilic discusses what happens next:
“Once you get your I-140 approval, you can file for an adjustment of status or undergo consular processing. If you’re already in the U.S. on a valid visa, you can start working once you get your work authorization.”
For those in the U.S. on a visa like the H1B, L Visa, or O Visa, adjustment of status allows them to remain in the country while their Green Card is processed.
Conclusion: Key Takeaways for EB2 NIW Applicants
The EB2 NIW Green Card offers a path to permanent residency for individuals who can prove their work benefits the U.S. Joaquin and Aladdin emphasize that self-petitioning and demonstrating national interest are central to the process.
While retrogression and long wait times can create challenges, understanding the steps and securing premium processing can help applicants navigate the complexities of the immigration system.
