EB-2 NIW: Requirements, Premium Process and Processing time for Green Card
The EB-2 NIW (National Interest Waiver) Green Card is a highly sought-after option for individuals of exceptional ability and achievement who wish to live and work permanently in the United States. This immigrant visa category allows foreign nationals to bypass the traditional labor certification process and obtain lawful permanent residency (a Green Card) without the need for a job offer.
Requirements for EB-2 NIW Green Card
- Exceptional Ability: Applicants must demonstrate exceptional ability in their field of expertise. This can be evidenced through a combination of factors, such as:
- Advanced degrees or certifications
- Outstanding research contributions
- Published articles or books
- International recognition
- Professional memberships and awards
- National Interest Waiver: Applicants must also demonstrate that their work in the United States is in the national interest. This means that their skills, knowledge, and expertise are beneficial to the country as a whole. USCIS may grant a national interest waiver as a matter of discretion if the petitioner demonstrates eligibility by a preponderance of the evidence, based on the following three prongs:
- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
Processing Time for EB-2 NIW Green Card
The processing time for the EB-2 NIW Green Card can vary considerably depending on the workload of the USCIS and the specific circumstances of the application. On average, it can take anywhere from one to three years for the entire process to be completed. However, expedited processing options, such as Premium Processing, may be available to reduce the waiting time.
Premium Processing for EB-2 NIW Green Card
Premium Processing is a paid service offered by the USCIS that allows applicants to expedite the processing of their petitions. For an additional fee of $2,500, the USCIS guarantees to adjudicate the petition within 15 calendar days. This can be a significant advantage for individuals who need to obtain their Green Card as soon as possible.
Benefits of EB-2 NIW Green Card
- Permanent residency in the United States
- The ability to work and live anywhere in the country
- The ability to bring spouses and unmarried children under the age of 21 with them to the United States
- The ability to apply for U.S. citizenship after five years of permanent residency
Conclusion
The EB-2 NIW Green Card is a valuable immigration option for highly skilled and accomplished individuals who wish to make a meaningful contribution to the United States. While the application process can be complex, the potential rewards are significant. With careful planning and preparation, foreign nationals can increase their chances of success in obtaining an EB-2 NIW Green Card.