EB2 NIW USA Visa

 

EB-2 (NIW) Green Card – Frequently Asked Questions

What is an EB-2 National Interest Waiver (NIW) Green Card?

The EB-2 National Interest Waiver (NIW) is a U.S. employment-based green card category that allows qualified professionals to apply without employer sponsorship. Approval is based on the value and national importance of your work.

Not sure if you qualify?
Get a FREE NIW profile evaluation today.

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Am I Eligible for an EB-2 NIW Green Card?

To qualify, you must pass two steps:

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Step 1: General EB-2 Eligibility Test

You must meet at least one of the following:

• Hold an advanced degree (Master’s or Ph.D.),
  or

• Hold a Bachelor’s degree plus 5 years of progressive experience,
  or

• Demonstrate exceptional ability in your field

Most applicants qualify through an advanced degree or equivalent experience.

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Step 2: National Interest Waiver (NIW) Test

You must meet all three criteria:

1. Your proposed work has substantial merit and national importance

2. You are well-positioned to advance your work

3. It benefits the United States to waive job offer and labor certification requirements

This standard was established in the case of Matter of Dhanasar.

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What is the NIW Green Card Application Process?

There are two main steps:

• File Form I-140 (Immigrant Petition)

• File Form I-485 (Adjustment of Status)

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Filing Options:

Concurrent Filing

• File I-140 and I-485 together

• Requires a current priority date

Separate Filing

• File I-140 first

• File I-485 after approval (when priority date is current)

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What Are the Main Advantages of the NIW Green Card?

• No employer sponsorship required (self-petition allowed)

• No job offer required

• No PERM labor certification required

• More flexible eligibility compared to EB-1A

• Higher approval rates than many other categories

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I Was Born in India or China—Are There Any Benefits?

Yes. Even with visa backlogs, NIW offers key advantages:

• Supports H-1B extensions beyond six years

• Helps spouses qualify for H-4 work authorization

• Allows priority date transfer to future petitions

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Is Premium Processing Available for NIW?

Yes, premium processing is available for Form I-140.
However, it may not be necessary in every case.

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Will My Spouse and Children Receive Green Cards?

Yes. Your spouse and unmarried children under 21 can also apply for green cards through your NIW petition once your priority date becomes current.

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What Are the Government Filing Fees?

• Form I-140: $1,015

• Form I-485 (Primary Applicant): $1,440

• Form I-485 (Spouse/Child age 14+): $1,440 each

• Form I-485 (Child under 14): $950

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Start Your NIW Journey Today

Apply now for a FREE evaluation and find out if you qualify for a U.S. green card under the EB-2 NIW category.