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EB-2 Visa
for Professional Workers
with Advanced Degrees
or National Interest Waiver (NIW)

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​​The EB-2 visa category offers a pathway to U.S. permanent residency (a Green Card) for professionals with advanced degrees.

 

If you have a job offer from a U.S. employer, the EB-2 visa can help you and your family achieve your American dream.

The EB-2 National Interest Waiver (NIW) offers a unique pathway to U.S. permanent residency (a Green Card) for individuals with advanced degrees or exceptional ability whose work is deemed to be in the national interest of the United States.

 

With an NIW, you can self-petition and bypass the traditional labor certification process, accelerating your journey to a Green Card.

Requirements for EB2:

If you qualify for the National Interest Waiver, a full-time job offer from a U.S. Employer is not required.

  • A permanent, full-time job offer from a U.S. employer.

  • A master's degree or equivalent foreign degree in a field related to the offered position.

  • Or: A bachelor's degree or equivalent foreign degree in a field related to the offered position plus five years of progressive work experience in the field.

EB-2 Process:

1

PERM Labor Certification

Your U.S. employer must obtain a PERM labor certification from the Department of Labor, demonstrating that there are no qualified U.S. workers available for the position.

2

I-140 Petition

Your employer files Form I-140, Petition for Alien Worker, with USCIS on your behalf.

3

Consular Processing or Adjustment of Status

Depending on your location and eligibility, you will either apply for an immigrant visa at a U.S. consulate abroad or adjust your status to permanent resident within the U.S.

Filling Out a Form

​Who Qualifies for an EB-2 NIW?

To be eligible for an EB-2 NIW, you must demonstrate that:

You possess an advanced degree or exceptional ability:

You hold a U.S. master's degree or higher or possess exceptional ability in the sciences, arts, or business.

You will benefit the U.S.:

Your work will significantly benefit the United States in areas such as the economy, healthcare, education, or culture.​

Your work is in the national interest:

Your proposed endeavor has substantial merit and national importance.

A job offer and labor certification are not necessary:

You can self-petition, eliminating the need for a U.S. employer sponsor and labor certification.

Priority Date

When you apply for an EB2 visa, you'll receive a priority date that determines when you can apply for a green card. The current wait time can vary significantly depending on your country of birth. For most countries, the current wait time to apply for a green card from the EB2 path is a little more than a year. For those born in China and India, the wait times are typically longer. You can check the USCIS Visa Bulletin for detailed wait time information, and my team is also happy to help you estimate your specific wait time.

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The EB-2 NIW Process:

1

Self-Petition

Prepare and submit Form I-140, Petition for Alien Worker, along with comprehensive evidence demonstrating your qualifications and the national importance of your work.

2

Await Adjudication

USCIS reviews your petition and determines whether you meet the NIW criteria.

3

Obtain Permanent Residency

Upon approval, you and your eligible family members can apply for Green Cards, granting you the right to live and work permanently in the United States.

Sample EB-2 NIW Case

A talented software engineer from Sofia, Bulgaria, after earning her master's degree and gaining valuable experience at a leading tech company, set her sights on the EB-2 visa, a pathway for individuals with advanced degrees or exceptional abilities.

Partnering with our experienced immigration lawyers, she prepared a compelling application showcasing her academic accomplishments and professional contributions. We strategically pursued a National Interest Waiver (NIW) to highlight the significant benefits her work would bring to the United States.

The result? Her EB-2 visa was approved, unlocking the door to her dream job at a top tech firm in Silicon Valley. This success story exemplifies how we help talented individuals turn their ambitions into reality.

​​​​​​​​​​​Our Expert EB-2 NIW Legal Services

Our team of experienced immigration attorneys specializes in EB-2 NIW petitions.

We will guide you through every step of the process, crafting a compelling case that highlights your unique qualifications and contributions.

Case Evaluation

Assess your eligibility for an EB-2 NIW and develop a strategic plan tailored to your specific circumstances.

Evidence Gathering

Assist you in compiling a strong portfolio of evidence demonstrating your advanced degree, exceptional ability, and the national importance of your work.

Image by Scott Graham

Petition Preparation

Meticulously prepare and file your I-140 petition, ensuring it meets all USCIS requirements and presents a persuasive argument for your NIW.

Ongoing Support

Provide continued guidance and support throughout the entire process, ensuring you are well informed and confident.

Communication with USCIS

Handle all communication and inquiries from USCIS on your behalf.

Unlock Your Potential and Achieve Your American Dream:

While the EB-2 NIW (National Interest Waiver) presents an attractive option for highly skilled individuals seeking U.S. permanent residency, we understand that meeting its stringent requirements might not be feasible for everyone. 

Several other avenues to U.S. permanent residency might perfectly match your unique skills and background.

 

One such path is the EB-3, designed for skilled workers, professionals, and other qualified individuals. This visa category offers a broader range of eligibility criteria, potentially making it a viable alternative for those who may not qualify for an EB-2 NIW.

If you believe your work has the potential to benefit the United States significantly, contact us today for a consultation.

Our attorneys will evaluate your case, answer your questions, and help you navigate the path to U.S. permanent residency through the EB-2 NIW and other options.

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Address

2829 Townsgate Road, Suite 100

Westlake Village, CA 91361

Phone

+ 1 (818) 233-0308

Email

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