USA EB-2 NATIONAL INTEREST WAIVER PROGRAM

Designed to allow individuals to obtain permanent residency in United States without a job offer from a U.S employer, if they can show that they intend to work towards the National Interest of U.S and have a distinguished professional history.

ELIGIBILITY FOR EB-2 NIW VISA

Well-Positioned

Applicants must possess Advanced Degree OR Exceptional Ability

Advanced Degree: Master degree, PhD plus 5 years of post-baccalaureate, progressive work experience in the field.

Exceptional Ability: Bachelor/diploma degrees AND Letters from current or former employers documenting at least 10 years of full-time experience in your occupation AND A license to practice your profession or certification for your profession or occupation

  • Letters from government officials, business leaders and industry experts attesting to applicant’s prior success working on the field.
  • A comprehensive business plan outlines applicant’s planned activities, including descriptions of services offered, financial assumptions, prospective client targets & marketing strategy, financial statements demonstrating sufficient startup capital to fund the company and execute the business plan.
  • Intellectual property by applicants or company, media attention, revenue growth

National Importance of Proposed Endeavors

Applicants must prove that their proposed endeavors have national importance:

  • Expert letters, news & media articles and research reports show the national importance of endeavors (Whitehouse reports or National Security reports)
  • Letters from experts, government agencies, business & research institutions demonstrate the national importance of the applicant’s work in improving services or products.

Waiving Requirements of Job Offer and Labor Certification

Applicants must prove that the benefits to US national interest outweighs the requirement for a job offerthereby justifying the exception to the standard requirement.

  • Urgency of endeavors, e.g: public health or safety, warrants foregoing the labor certification process
  • Endeavor has the potential to generate considerable revenue consistently, e.g. with economic revitalization
  • Endeavor may lead to potential job creation
  • The impracticality of a labor certification application

USA FACT SHEET

Capital: Washington, D.C.
Major cities: New York City, Los Angeles, Chicago
Population: 331 million (2021)
GDP: $21.4 trillion (2021)
Average Income: $56,000

KEY BENEFITS OF USA EB-2 NIW PROGRAM

No Employment Sponsorship Required

It allows self-petition, eliminating the need for employer sponsorship and giving entrepreneurs the flexibility to drive their ventures without external constraints.

Bypassing Labor Certification

Avoid the lengthy and complex labor certification process typically required for employment-based immigration categories, accelerating the path to permanent residency.

Premium Processing Available

Utilize premium processing to receive a decision on your I-140 petition within 45 calendar days, reducing uncertainty and allowing quicker business planning and execution.

 

Direct Access to Permanent Residency

Unlike other visa categories that require significant financial investments, the EB-2 NIW program does not require any capital at risk before you receive your permanent residency. This allows you to focus on your business growth from the start and avoid the uncertainties and financial risks associated with investing in unproven ventures or markets.

Inclusion of Family Members

Obtain permanent residency for your spouse and unmarried children under 21, ensuring your family can join you in the United States with full residency rights.

Open to Global Talents

Ideal for global entrepreneurs looking to establish or expand their business in the U.S. while benefiting from a supportive legal framework that values innovation and economic contribution.

Proven Track Record

Established Success: Leverage the program’s history of helping thousands of entrepreneurs achieve their American dream, with a robust support network and legal infrastructure tailored to your success.

OUR SERVICE

Profile
Qualification

Evaluate the candidate’s experience and education to identify a suitable business concept.

Research Institution Collaboration

Verify the viability of the candidate’s business concept and R&D plan with Research Institutions.

Business & R&D Plan Development

Develop plans that meet Research Institution requirements, target the US market, and demonstrate national interest.

Securing Endorsements

Obtain support letters from R&D institutions and government bodies as needed.

Project Management & Incubator Support

Coordinate mentorship meetings, progress reviews, and logistical support, ensuring adherence to the R&D plan.

Guidance & Mentorship

Guide the candidate through the Research Institution process, matching projects to their background and facilitating necessary agreements.

Legal
Representation

Coordinate with a US immigration attorney for I-140 and PR applications and a corporate attorney for incorporation, IP, and compliance.

Ongoing
Support

Provide necessary documentation and assistance to address inquiries from Research Institutions, USCIS, and relevant authorities.

DOWNLOAD OUR FACT SHEETS (PDF)

FREQUENTLY ASKED QUESTIONS

The EB-2 NIW visa does not mandate English language proficiency tests or exams. However, having such documentation can be a significant advantage, as it shows the applicant is capable of performing the intended activities U.S.

EB-2 NIW visa does not require minimum ages requirement

Applicants need to submit evidence of their current income, salary, and assets, demonstrating how these resources will support their living and working in the U.S. without needing government aid. Examples of acceptable documentation include employment verification letters, recent pay stubs, tax returns, and bank statements.

No, applicants for the EB-2 National Interest Waiver (NIW) program do not need to make an investment like they would for programs such as the EB-5 Immigrant Investor Program. The EB-2 NIW program is designed for individuals with exceptional ability in their field or those who hold an advanced degree and can demonstrate that their work will benefit the national interest of the United States.

5 Years after being granted a Green Card. Processing time of EB-2 NIW could be 3 months including NIW application preparation and submission I-140 form. Apply expedited processing for 2 months, and then aplication of Green Card may take up to 2 years.

188 visa-free travel destinations

Once the applicant gets the NIW petition approved, he/she can include spouse and unmarried children under 21 years old in their green card application.

Sending us applicants’ resume for a free evaluation of their case

If applicants petition for themselves, changing employers should not affect the status of their case, and their petition will remain active. However, their new position should continue to satisfy the requirements for the EB2 NIW category or their petition may be denied after RFE (Request for Evidence). After they start to work with us, they should discuss with our attorneys before they change jobs so that we can determine if the new position still meets the EB2 NIW requirements.

1. No employer sponsorship required
2. Bypassing labor certification
3. Premium processing available
4. Direct access to permanent residency without investment
5. Obtain permanent residency for your spouse and unmarried children under 21
6. Ideal for global entrepreneurs looking to establish or expand their business in the U.S

The EB2 visa requires a job offer from a U.S. employer and labor certification. In contrast, the EB2-NIW visa does not require a job offer or labor certification, allowing the applicant to apply for the visa based on their own professional merit

EB2 NIW petition includes the filing of Form I-140.

The fees include: Form I-140 ($715), Form DS-260 ($345), Form I-485 ($1,440), Form I-907 ($2,805)

No. Labor certification is not required before the I-140 filing for EB2 NIW. EB2 NIW waives the labor certification.

Once applicants get the EB2 visa, then they can travel. Prior to that, they can only travel to US if they have an entry visa (B1-B2)

If the applicants have only received a United States baccalaureate degree or a foreign equivalent degree, the experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the bachelor’s degree will be sufficient for the advanced degree requirement. Otherwise, they need to show “exceptional ability.”

Applicants can apply for EB-2 NIW from outside the U.S and be outside during the processing time, once they get the green card they should move to the US

Professions falling within a STEM field ( Science, Technology, Engineering and Mathematics) are best suited for EB2 NIW. Exceptions, however, do exist for exceptional individuals in the areas of art, athletics, and business with exceptional ability, as described below:
 
Applicants can show their exceptional ability by:
1 – Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
2 – Letters documenting at least 10 years of full-time experience in the occupation.
3 – A license to practice the profession or certification for profession or occupation.
4 – Evidence that applicant has commanded a salary or other remuneration for services that demonstrates the exceptional ability.
5 – Membership in a professional association(s).
6 – Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
To qualify, the applicant needs to demonstrate that they are “well-positioned” to successfully execute their project in the US. This means the applicant doesn’t need, for instance, an established, successful company to apply for the NIW. That being said, having a company with a longstanding history of success may bolster their case.
 
In addition to the above, the applicant must show that they have either the foreign equivalent of an advanced degree or an exceptional ability. They must have, at minimum, the equivalent of a master’s degree, or alternatively, the equivalent of a bachelor’s degree with 5 years of post-bac work experience.

According to the official statistics released by USCIS, in 2024, it has been around 75%

Priority date mostly matters for people from China and India because priority date is not current for people born in these two countries. The retrogression can be for several years. Usually, the priority date for foreign nationals born in the rest of the countries is current under EB-2 visa. However, according to the Department of State (DOS), the priority date may not be current for the months close to the last month of the fiscal year (October).

A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign national’s field or some otherwise authoritative individual in an allied or related field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjudicating officers are rarely experts in your field, one way for them to determine whether a foreign national qualifies for the standard set in the Matter of Dhanasar decision is by looking at objective evidence submitted. A recommendation letter is among the most important of them.

Applicants should obtain letters from both their “inner circle” and “outer circle” of peers. Their “inner circle” includes people whom they have directly worked with either in academia or in business. Although these letters are often the most glowing, they carry less weight because they are possibly biased.

These are things that should be included in a recommendation letter:

1. Qualifications of the recommender: A recommendation letter needs to include the description of the recommender. If the recommender comments on applicants’ achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge applicants’ work..

2. Helpful testimonials from experts: Expert testimonials of your accomplishments are crucial to your petition. Expert testimonials should bolster the statement that you meet the standard set by law.

3. Substantive information: A good recommendation letter should point out the high level of unique expertise the foreign national possesses. If it is a recommendation letter from an employer or professor of the foreign national, it should specify the work the foreign national is responsible for and the requirements of the job. Although a job offer is not required for EB2 NIW petitions, a recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position (i.e., only top individuals in the field or those with exceptional ability can perform the duties required for the position) and the foreign national is one of these few individuals. In addition, recommendation letters that briefly discuss the foreign national’s activities and described him or her as a knowledgeable individual, but lack specific information regarding how the foreign national’s endeavors had significantly contributed to the United States’ interest are insufficient.

 

There is no specific number of letters set forth by the USCIS. It is generally suggested to include four to six recommendation letters in an EB2 NIW (National Interest Waiver) case.

While the EB-5 requires a minimum investment of US$ 800,000, the EB-2 NIW does not require a minimum investment.
EB-5 requires that the investment be made in an area designated as a “target employment region”, while EB-2 NIW does not have this requirement.
EB-5 has a longer and more complex approval process that involves creating a new company or buying an existing company and creating jobs for Americans while EB-2 NIW does not require new job creation and does not have an area designated as a “target employment region”. In addition, you should pay attention to the rate of return on investment and how long this value will be unavailable for use.
More affordable and less complicated alternative to the EB-5 visa.
Do not require a minimum investment, making it more affordable for those who lack the necessary capital for the EB-5.
Do not require job creation, the candidate can work for themselves or at an existing company.
EB-2 NIW does not require a job offer to qualify or labor certification issued by the DOL (Department of Labor) while EB-3 requires a full-time job offer and a labor certification.
EB-2 NIW has a higher processing priority than EB-3, meaning that the applicant may receive a decision sooner while EB-3 has a lower processing priority than EB-2 NIW so applicants may face longer waiting times. Wait times can also be long, especially for unskilled workers.
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