The EB-2 NIW (National Interest Waiver) Visa is one of the best options for highly qualified professionals who wish to obtain permanent residency in the U.S. without the need for a sponsor. With this visa, you can self-petition by demonstrating that your work is in the national interest of the United States.
This step-by-step guide will explain how to submit a successful application and optimize your case to maximize your chances of approval.
Step 1: Verify your Eligibility
To qualify, you must meet one of these requirements:
🔹 Advanced degree (master's or doctorate) or equivalent (bachelor's degree + 5 years of progressive experience).
🔹 Exceptional ability in science, arts or business meeting at least 3 of these criteria:
- Academic degree related to your field of specialization.
- More than 10 years of work experience.
- Professional license or certification.
- High salary compared to others in the same field.
- Membership in leading professional associations.
- Awards and recognitions for contributions to the industry.
- Other evidence that demonstrates your exceptional ability.
Step 2: Demonstrate Compliance with NIW Criteria
Your application must meet the 3 fundamental pillars established in the Matter of Dhanasar case:
1. The project has substantial merit and is of national significance.
You must prove that your work positively impacts the U.S. in sectors such as technology, health, education, economy, security, among others.
Recommended evidence:📌
✅ Studies, publications, academic references and evidence of positive impact.
✅ Letters of recommendation from experts in the field.
✅ News or government reports that support the relevance of your work.
2. You are well positioned to execute the project
You must demonstrate that you have the experience, education and accomplishments necessary to successfully carry out your proposal.
Recommended evidence:📌
✅ Detailed professional history.
✅ Awards, patents, publications or contracts in your industry.
✅ Letters of recommendation from colleagues and industry leaders.
3. It is beneficial for the U.S. to waive the labor offer
You must argue why your case is an exception to labor certification and how your work will contribute to the national interest.
Recommended evidence:📌
✅ Arguments explaining the difficulty of finding professionals like you in the USA.
✅ Economic or social impact of your work.
✅ Letters of support from relevant institutions.
Step 3: Prepare and File the I-140 Petition
To initiate your application, you must complete and submit Form I-140 (Petition for Alien Worker) to USCIS.
📌 Key steps:
✅ Form: Complete and sign Form I-140.
✅ Evidence: Attach supporting documents (degrees, work experience, awards, letters of recommendation, publications, etc.).
✅ Rate: Pay the $700 USD fee (check for changes on the official USCIS website).
✅ Send: Send the application to the appropriate USCIS service center..
Step 4: Optional - Adjustment of Status (I-485) or Consular Processing
If you are in the U.S. and visas are available, you may file Form I-485 (Adjustment of Status) along with:
✅ Form I-765 (Work Permit).
✅ Form I-131 (Travel Permit).
✅ Financial evidence and medical examination.
If you are outside the U.S., you will have to wait for the I-140 approval and then follow the consular process.
Step 5: Responding to Requests for Evidence (RFE)
USCIS may request additional documentation before approving the I-140. You must respond within the deadline and strengthen your case with further evidence if necessary.
Step 6: Interview and Green Card Approval
🔹 If you applied for adjustment of status, you will receive a notice to attend an interview at a USCIS office.
🔹 If you went through consular processing, you will be called for an interview at the U.S. embassy or consulate in your country.
🔹 Once approved, you will receive your Green Card and become a permanent U.S. resident.. 🎉
Key Tips for a Successful Application
✔ Write a detailed plan about your contribution to the national interest. ✔ Include letters of recommendation from experts that support your profile. ✔ Organize documentation in a clear and convincing manner. ✔ Consult official sources such as USCIS to verify changes in requirements. ✔ Consider hiring our specialized advice to improve the strength and viability of your petition.
Conclusión
The EB-2 NIW Visa is an exceptional opportunity for professionals who wish to live and work in the U.S. without being dependent on an employer. With this detailed guide, and our personalized advice, that you can consult and hire from our section of "Servicios", you will be able to prepare a strong case and successfully manage your permanent residency application.
🚀 ¡Start your path to the American dream today.! 🌎
Dr. José Javier Leal Rivero
CEO-Quantum DBI Analytics