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EB-2 NIW
Approvals
How it works
With the EB-2 NIW (National Interest Waiver) visa, foreign professionals may be eligible to sponsor themselves for U.S. permanent residence if their professional experience and plans for employment in the United States are deemed of national interest and it can be proven that your proposed work will not displace an American worker.
Once the EB-2 NIW visa is approved, you, your spouse, and your children under 21 years of age may then receive their permanent residence, otherwise known as a Green Card, from within the United States, or you may choose to receive your permanent residence visa abroad via a U.S. consulate or embassy of your choosing.
Contrary to what many people believe, you don't have to be an Oscar winner or an Einstein in your industry. You may, however, qualify if you have a bachelor's degree and at least five years of proven experience from the date of graduation or have a graduate or master's degree in your area of expertise. If you do have a postgraduate or master's degree, the 5 years of experience would then not be required. If you do not have a formal education, but have been working in your field for at least 10 years and have been recognized as someone of great importance within your industry through an award or similar recognition, you may also qualify for this visa and Green Card category.
Virtually every profession is eligible, as long as one of the conditions stipulated by law is met. Fluency in English is not a requirement.
Who can apply?
Professionals in any field may qualify for an EB-2 NIW Visa.
Among the professions best suited for the EB-2 NIW Visa, those professions falling within a STEM field, which is an abbreviation for Science, Technology, Engineering and Mathematics are best suited for this category of visa. Exceptions, however, do exist for exceptional individuals in the areas of art, athletics, and business.
Just a sample of some the professions eligible for an EB-2 NIW Visa include: systems analyst, researcher, scientist, artist, agronomist, animator, musician, singer, doctor, dentist, entrepreneur, engineer of any kind, designer, lawyer, therapist, economist, teacher, business person, veterinarian, nurse, pharmacist, urban planner, consultant, project manager, and architect.
Although this list is not exhaustive, we must make clear that not just any professional will qualify by virtue of their identifying themselves as being a member of one of the above detailed professions. They also need to demonstrate that their proposed work in the U.S. will serve a national interest.
Are you looking for a more all-inclusive way to obtain your EB-2 NIW visa and Green Card without paying for large, upfront legal fees?
Enjoy peace of mind with fixed-rate monthly payments, ensuring no unexpected legal fees throughout your immigration journey from the preparation of the EB-2 NIW petition to obtaining your Green Card.
At G.E.B. GLOBAL, we understand the importance of financial planning and flexibility during one's immigration journey. That's why we've tailored a unique fixed-rate monthly payment plan for our comprehensive EB-2 NIW visa and Green Card process.
This includes:
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Preparation and filing of your EB-2 NIW Petition;
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RFEs (Requests for Evidence);
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Appeal or Refile of the Petition; and,
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Green Card Application.
Our office can file your EB-2 NIW petition, respond to any RFEs, file an appeal or refile in the event of a denial, and present your Green Card application all while you keep your legal fees on an interest-free fixed-rate monthly payment plan.
Curious about your eligibility for the EB-2 NIW? Submit your resume for a free preliminary analysis.
Once we confirm your eligibility, our team can offer a tailored budget estimate, designed specifically for your needs.
NIW Requirements
The premise behind the U.S. government's waiver of a job offer and labor certification stems from the requirement that the professional applying for the EB-2 NIW will either bring a defined experience or perform a specific function that qualifies as being of national interest, either because it was deemed as such by a governmental body, or because the candidate is a uniquely qualified professional, or because there are few professionals in that industry in a particular region of the country, or because the nature of the job proposed by the candidate unique, or because the candidate will be self-employed in the United States.
The EB-2 NIW Visa is generally granted to those professionals that can prove that they have the ability to benefit the United States in some way, that is, in addition to meeting the above detailed requirements, you have a plan to benefit the United States, whether by continuing to work in your area of expertise, joining professional groups in the United States, starting your own company, continuing to carry out research in your area of expertise, continuing to perform in your art, or continuing to compete or train others in your sport.
Immigration seeks to approve residency for those who are considered "above average" professionals. Immigration determines this with 7 requirements stipulated by law. If you can demonstrate that you meet three of the seven requirements, immigration will consider you "above average" when compared to other professionals and therefore an individual of "exceptional ability". If this can be proven, then all that remains to be done is to show the government that you will not be a public charge nor will you displace a similarly qualified worker within the U.S. labor market. The key lays in explaining how you will benefit the U.S. labor market either with your past experience or with your future plans to continue working in your area of expertise.
The 7 ways to prove "Exceptional Ability" as defined by USCIS are as follows:
1 - Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
2 - Letters documenting at least 10 years of full-time experience in your occupation.
3 - A license to practice your profession or certification for your profession or occupation.
4 - Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
5 - Membership in a professional association(s).
6 - Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
7 - Other comparable evidence of eligibility is also acceptable.
The last two criteria are quite broad, and for good reason. By allowing them to remain broad, the U.S. government is allowing professionals from all industries to submit evidence that does not readily or easily fit into one of the other categories of evidence. Immigration understands that each profession has its own definition or understanding of what makes someone "exceptional", so USCIS will allow you to submit and explain that evidence accordingly.
Professionals with a bachelor's degree and at least 5 years of experience as of the date of graduation, or those with a master's degree in place of 5 years of experience, who are interested in opening a consultancy in the United States, may be eligible to apply for the EB-2 NIW Visa and Green Card based on their work experience without the need for a job offer, investment or sponsor.
Visa Tips
Explore our latest blog series addressing the most searched queries about the EB-2 NIW Visa, a unique opportunity for professionals with extraordinary abilities or advanced degrees.
This series offers insights into eligibility criteria, such as the significance of 10 years of professional experience, and provides tailored guidance for tech professionals and engineers.
We debunk common myths about English proficiency and age limits, and explain why STEM entrepreneurs are ideal candidates for this visa.
Visit our blog to navigate the complexities of the EB-2 NIW visa and embark on your journey to success in the United States.
Free E-book on EB-2 NIW Visa and Green Card
Exclusively for Eligible Candidates
Our E-Book covers all the essential information needed to successfully navigate the EB-2 NIW Visa process with our office. It addresses a wide range of frequently asked questions and provides detailed insights into requirements, documents, duration, rates, fees, and various payment options, among other crucial topics.
To access this valuable resource, we invite you to submit your resume for a free preliminary analysis of your eligibility. Once we confirm your eligibility, our team will promptly send you our E-Book, equipped with all the information you need to begin your journey.
This exclusive E-Book is part of our commitment to guide and support our clients through every step of their immigration process.
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Visa EB-2 NIW with G.E.B. GLOBAL
At G.E.B. GLOBAL, we are committed to working with our clients in achieving their business and/or immigration goals.
We are thorough in our analysis and highly selective when choosing to represent a particular company or client because our ultimate goal is to win your case or successfully execute your business goals.
Our fees are very competitive, we offer payment plans, and unlike other law firms across the United States, your contact throughout the process will be directly with your attorney.
To receive a free preliminary analysis of the viability of your immigration plan or case, we invite you to send your resume along with any other questions or details that may assist us in our analysis through the form below.
What are you waiting for?
Submit your resume today.
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