EB-2 NIW Visa Processing Time and FAQ
This article guides you through the EB-2 visa category, specifically focusing on the National Interest Waiver NIW visa processing time, and some of the most frequently asked questions to help you understand this immigration option better.
EB-2 Visa Overview
Before diving into the National Interest Waiver (NIW), let’s briefly touch on the EB-2 visa, for which it is often used.
The EB-2 visa category is for individuals who possess exceptional abilities or have advanced degrees in their specialty (arts, business, or sciences) and are interested in working or conducting research in the United States. It falls under the employment-based immigration preferences.
National Interest Waiver (NIW)
The National Interest Waiver (NIW) allows you to waive the PERM labor certification and job offer requirement of the EB-2 program. It demonstrates that the U.S. will benefit from waiving these requirements in your case.
In addition, it demonstrates a lack of U.S. workers available to do the job you specialize in. Thus, the NIW allows you to self-petition or file Form I-140 yourself, so you will not need a U.S. sponsor.
Firstly, you must meet the EB-2 requirements. Read our comprehensive EB-2 visa guide to prepare you. This guide will also include the documents you need.
Secondly, you must meet the three-prong test to qualify for the NIW:
Your proposed endeavor must have substantial merit and national importance. This can be demonstrated in the realm of technology, culture, business, science, health, or education.
You are well-positioned to advance your proposed endeavor. This can be affected by your relevant experiences, skills, current progress, educational background, and plan for success.
It would benefit the U.S. to waive the labor certification and job offer requirements for your case.
Here are some of the evidence you can use to support your NIW application:
Copy of your educational qualifications and resume
Awards
Memberships in organizations
Scholarly publications
Citations and peer reviews
Press or publications about you or your work
Conference presentations, workshops, and other public-speaking/talks
Patents and evidence of the commercial usage of your work
Documentation of your accomplishments or recognition
Any other evidence that sets you apart from others in your specialization
We recommend you discuss your options with your immigration attorney, as the documents you need depend on your personal circumstances.
NIW Visa Processing Time
File Form I-140
The first step is to file your Form I-140. You will typically receive a notice of receipt from the USCIS within 1-2 weeks of submitting your petition. Since you are using the NIW, you will not need a labor certification or a job offer, significantly shortening the NIW visa processing time as it is more streamlined.
The general NIW visa processing time is between 6 to 15 months. The average is around 12 months. It also depends on the USCIS’ workload, your case’s complexity, and the adjudicator assessing your application.
Alternatively, you can opt for premium processing (an additional $2,500), which will shorten the NIW visa processing time to 15-45 days. Note that this only shortens your NIW visa processing time and does not guarantee approval.
Furthermore, if you receive a request for additional evidence (RFE), you will be given 84 days to work with your attorney to provide the requested evidence.
Once your I-140 petition is approved, you can move to the next step of acquiring your green card.
Get a green card
Once your I-140 petition has been approved and your priority date is current, you have two options:
Apply for an adjustment of status within the U.S.
If you are already in the United States, you can submit a Form I-485, allowing you to adjust your status within the U.S. This NIW visa processing time can take 3 to 8 months before you receive your green card. Note that you need to remain in the U.S. at this time.
Apply through the U.S. consulate in your home country
If you are in your home country, you must undergo consular processing via the DS-260 online immigrant visa application. This NIW visa processing time will involve setting an appointment with the U.S. consulate in your home country. This process can take 4 to 12 months.
Should you choose between the EB-1 and the NIW?
When deciding between the EB-1 and National Interest Waiver (NIW) visas, the most significant factor is your qualifications and recognition within your field. If you have earned significant accolades that position you as an expert, the EB-1 visa may be the ideal path, as it caters to individuals demonstrating extraordinary ability through documented achievements.
If your work benefits the national interest but lacks major recognition, the NIW may suit you, allowing self-petition. In contrast, the EB-1 often requires employer sponsorship, particularly for professors or executives. Ultimately, your decision will depend on your professional goals, the nature of your contributions, and the level of autonomy you desire in pursuing permanent residency in the United States (U.S.). Here are the key differences that can help you decide which path to take.
Understanding the differences:
- EB-1 visa: This visa provides a direct route to U.S. residency for individuals with exceptional abilities in arts, sciences, business, education, or athletics. It includes categories for extraordinary ability, outstanding professors, and multinational executives, requiring evidence of achievements such as awards or significant contributions without the need for labor certification.
- National Interest Waiver (NIW): The NIW, part of the EB-2 visa category, lets professionals bypass job offer and labor certification requirements if their work benefits the national interest. Self-petitioning makes it ideal for those with specialized skills or independent projects. Applicants must demonstrate the national significance of their contributions and justify waiving standard requirements, enabling them to advance their careers while making a meaningful impact in the U.S.
Decision-making strategies:
1. Evaluate your credentials
EB-1 Visa: To qualify, you must demonstrate extraordinary ability by meeting at least three of the ten criteria outlined by USCIS:
- Receipt of major national or international awards (e.g., Pulitzer Prize, Olympic Medal).
- Membership in associations requiring outstanding achievement.
- Published material about you in major media or professional publications.
- Evidence of judging the work of others in your field.
- Significant original contributions to your area of expertise.
- Authorship of scholarly articles in professional journals.
NIW: Focus on demonstrating that your work has substantial merit and national importance. Unlike the EB-1, it does not require an employer’s sponsorship.
- The proposed work must have significant value and be important at a national level.
- The applicant must have the skills, experience, or background to advance this work effectively.
- Waiving the standard job offer and labor certification requirements must be advantageous for the U.S.
2. Consider approval odds
- USCIS historical data suggests that EB-1 applications often undergo stricter scrutiny than NIW petitions. If you qualify for both, the NIW may be a more favorable choice, given its emphasis on the benefits of your work to the U.S. rather than solely on recognition.
3. Do concurrent filing
- If you’re unsure which visa best matches your qualifications, concurrent filing might be a good option. USCIS allows filing both EB-1 and NIW petitions simultaneously if you meet the criteria, increasing your chances of approval.
4. Weigh your options strategically
- Reflect on your long-term career goals and the specific requirements for each visa type:
- EB-1: Requires a job offer from a U.S. employer for most categories, particularly for outstanding professors and multinational executives.
- NIW: Allows for self-petitioning, providing greater flexibility for independent professionals or those whose work is nationally significant.
- Thoroughly consider these factors to ensure your choice aligns with your immigration objectives and professional aspirations.
What to Do If Your NIW Application is Denied
Applicants may encounter denials, creating uncertainty about what to do next. Exploring available options to address unfavorable decisions is key to enhancing the chances of success in future applications.
What to do after an NIW denial
1. Consult with an immigration attorney: Hiring an experienced immigration lawyer is highly recommended. An attorney can guide you through the appeal or motion process, ensuring all legal requirements and deadlines are met. They can identify errors in the initial decision and assist in compiling new evidence to bolster your case.
2. File an appeal: If you receive an unfavorable decision, you may request a review from a higher authority, such as the United States Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO). The denial notice will specify if the decision is appealable and will indicate the timeframe for filing, typically 30 days from the decision date. To file an appeal, use Form I-290B.
3. File a motion: You have the option to file a motion to reopen or reconsider the decision directly with the USCIS office that issued it.
- Motion to reopen: This requires you to present new facts that were not previously considered in your case.
- Motion to Reconsider: This option applies if you believe there was an incorrect application of law or policy in the original decision. Similar to appeals, this process typically uses Form I-290B.
4. Pay attention to deadlines: Meeting the deadlines in your denial notice is crucial, as missing them can greatly reduce your chances of successfully challenging the decision.
Following these steps can enhance your likelihood of achieving a favorable outcome after an NIW denial. For more detailed information on appeals and motions, visit the official USCIS [Appeals and Motions page](https://www.uscis.gov/forms/all-forms/file-an-appeal-or-motion).
How Did the 2023 Update Affect EB-2 NIW Premium Processing Availability?
In 2023, the United States Citizenship and Immigration Services (USCIS) implemented significant changes to premium processing for the EB-2 National Interest Waiver (NIW). Here’s a detailed look at the changes, as well as a comparison to the previous processing framework.
Before the Update
Limited Premium Processing Options
- Eligibility Restrictions: Prior to January 30, 2023, premium processing was not available for EB-2 NIW petitions. Petitioners faced longer processing times, often waiting several months or even years for decisions on their applications.
- Focus on Certain Classifications: Premium processing was initially available for other classifications, such as EB-1 multinational executives and managers, but was not available for the EB-2 NIW category.
- Filing Procedures: Petitioners could not submit Form I-907 for expedited service with their EB-2 NIW petitions, leading to uncertainty and prolonged waiting periods.
Key Changes in 2023
Expanded Eligibility
Inclusion of Initial and Pending Petitions: Effective January 30, 2023, the USCIS began accepting Form I-907, Request for Premium Processing Service, for all initial EB-2 NIW petitions and all pending EB-2 NIW petitions.
Filing Process
Requesting Premium Processing: Petitioners must now file Form I-907 alongside their Form I-140 petitions to request premium processing.
This revision aligns with USCIS’s goals for the fiscal year 2023, aiming to improve efficiency and meet newly established time frames for processing.
Is an EB-2 NIW the only avenue for obtaining an employment-based green card without a labor certification?
An EB-2 NIW is not the sole option for securing an employment-based green card without a labor certification. Another viable path is the EB-1 green card under the first preference category. Unlike the EB-2 NIW, applicants for the EB-1 don’t require a labor certification. Those eligible under the extraordinary ability subcategory of the EB-1 can self-sponsor, removing the requirement for a job offer or employer.
Can you apply for an NIW if your labor certification is denied?
Certainly! Even if your labor certification is denied, you can still pursue an NIW (National Interest Waiver). These two processes operate independently, managed by different government entities.
The labor certification is handled by the Department of Labor (DOL), while the NIW application is assessed by U.S. Citizenship and Immigration Services (USCIS). This means that a denial of the labor certification does not impact your ability to apply for an NIW.
In fact, filing for an NIW alongside or after your labor certification offers an alternative path to residency. If your labor certification doesn’t succeed, you still have the opportunity for your NIW petition to be approved, potentially increasing your chances of a favorable outcome.
Can you apply for an NIW if you have a pending labor certification with the DOL?
Yes, you can apply for a National Interest Waiver (NIW) even if you have a pending labor certification (PERM) with the Department of Labor (DOL). The NIW falls under the EB-2 visa category and allows you to bypass the labor certification if your work is in the national interest of the United States (U.S.).
Having a pending PERM doesn’t prevent you from submitting an NIW petition because they are independent processes: the PERM requires a job offer from a U.S. employer, while the NIW is self-petitioned and does not require a job offer. USCIS allows individuals to pursue multiple immigration pathways at the same time, so filing an NIW alongside a PERM application is possible and can provide options if issues arise with one of the applications.
What are the costs and filing fees associated with an EB-2 NIW?
Part of the EB-2 visa category, the National Interest Waiver (NIW) application offers a pathway for individuals whose work benefits the United States to apply for a green card without employer sponsorship. The process involves several fees, which vary depending on the applicant’s needs and situation. These include required fees for the main petition and, for those adjusting status within the U.S., fees for residency applications, biometrics, and optional authorizations for employment and travel. Understanding these costs can help applicants plan effectively for each step of the NIW application.
Mandatory Fee:
- Form I-140 (Immigrant Petition for Alien Worker)
- Fee: $715
- Purpose: Required to submit the main NIW petition to USCIS.
Situational Fees (Only if filing for adjustment of status from within the U.S. and not via consular processing):
- Form I-485 (Application to register permanent residence or adjust status)
- Fee: $1,140 (for applicants aged 14-78); $750 (for children under 14 or applicants over 78)
- Purpose: Required for applicants adjusting their status to a permanent resident within the U.S., following I-140 approval.
- Biometrics fee (with I-485)
- Fee: $85 (for applicants aged 14-78)
- Purpose: Covers fingerprinting and background checks, required with I-485.
- Asylum program fee (if applicable to self-petitioning cases)
- Fee: $300
- Purpose: Helps fund the asylum program and applies to certain categories of I-140 applicants
Optional fees (For benefits that are not required but may be useful depending on individual needs):
- Form I-765 (Application for employment authorization)
- Fee: $410 (if filed separately; $0 if filed concurrently with I-485)
- Purpose: Allows employment while the I-485 is pending, typically filed alongside I-485.
- Form I-131 (Application for travel document)
- Fee: $575 (if filed separately; $0 if filed with I-485)
- Purpose: Grants advance parole for travel outside the U.S. while the I-485 application is pending.
How Letters of Recommendation Strengthen an NIW Application
Letters of recommendation are crucial in National Interest Waiver (NIW) applications. They validate your expertise, highlight the importance of your work, and provide an authoritative voice in support of your petition. Here’s how they help and who should write them.
How do letters help?
- Prove national importance
- Validate your expertise
- Reinforce credibility
- Showcase real-world significance
Who should write them?
- Field experts: Recognized authorities with advanced qualifications.
- Independent evaluators: Professionals familiar with your work but with no close ties.
- Diverse voices: Academic researchers, industry leaders, or government officials.
- Reputable professionals: Established figures whose opinions hold credibility.
How to Include letters of recommendation in your NIW application
- Grouped Together: Organize all letters into a single section labeled “Letters of Recommendation” to keep them centralized and easy to find.
- Indexed and Organized: Include the section in your table of contents with brief details about each letter, such as the recommender’s name and role, for clarity and navigation.
- Professional Presentation: Ensure each letter is on official letterhead, signed, dated, and formatted consistently.
Do you need an advanced degree and exceptional ability to qualify for an NIW?
No, you do not need both an advanced degree and exceptional ability to qualify for a National Interest Waiver (NIW).
For an NIW under the employment-based second preference (EB-2) visa, you must meet one of two primary criteria:
- Advanced degree: This means the position you seek must require an advanced degree, and you must possess it or its equivalent (e.g., a bachelor’s degree plus five years of progressive post-baccalaureate work experience in the field). Documentation such as official academic records and letters from employers can establish this qualification.
- Exceptional ability: If you do not hold an advanced degree, you can qualify by demonstrating exceptional ability in sciences, arts, or business. Exceptional ability refers to expertise significantly above what is typically encountered in your field. To prove this, you must satisfy at least three specific criteria, such as having a degree related to your field, letters documenting extensive professional experience, recognition for your contributions, or other comparable evidence.
While either criterion is sufficient to meet the base requirements for the EB-2 category, an NIW specifically requires you to show that your work is of substantial merit and national importance and that it benefits the United States to waive the labor certification process. This means the strength of your qualifications and the impact of your work are critical to a successful NIW application.
NIW: Frequently Asked Questions (FAQ)
Q: Is NIW a green card category?
A: Yes, the EB-2 NIW leads to permanent residency or obtaining a green card. If your I-140 NIW petition is approved, you have qualified for the eligibility requirements.
After that, you still need to adjust your status if you are in the U.S. (I-485) or apply through consular processing if you are in your home country (DS-260) to obtain your green card.
Q: What qualifies as “national interest” for the NIW?
A: The concept of “national interest” can be subjective, but generally, it refers to work that benefits the United States. For instance, it can include contributions to healthcare, technology, education, or research. Your evidence should demonstrate how your work substantially and positively impacts the U.S. and its economy or citizens.
Q: What does the NIW waive?
A: The National Interest Waiver waives the PERM labor certification requirement. Subsequently, it also waives the necessity of having a U.S. job offer.
Q: Can I change jobs or employers after receiving an EB-2 NIW visa?
A: While the NIW does not require a specific job offer (since it waives this requirement), it requires you to continue working in the same field of national interest. Changing jobs or employers should not significantly impact your NIW status, but it’s essential to maintain your commitment to your field of expertise.
Q: What is an advanced degree?
A: An advanced degree is above a U.S. bachelor’s degree or its foreign equivalent. You can still qualify if you have only a bachelor’s degree, provided you have at least five years of progressive, post-baccalaureate experience in your specialty.
We recommended getting a credentials evaluation to ensure your educational qualifications are equivalent to U.S. standards.
Ready to start your NIW petition?
Our team of experienced immigration attorneys and technical writers at Immigration Business Plan is here to help. We specialize in providing tailored EB-2 NIW solutions and can help you craft a compelling case and comprehensive business plan to ensure a smooth pathway to permanent residency in the U.S.
Message us for a free consultation.