An EB2 NIW, which is the Employment-Based, Second Preference National Interest Waiver, is described as a certain procedure in which International citizens may go through the green card process. Commonly, International citizens aspiring to make an application for a green card have, first of all, to be sponsored, which implies that they must possess a plea filed on their behalf by an eligible petitioner. However, specific persons may self-petition, and the National Interest Waiver is the method.
The National Interest Waiver is founded upon employment. Naturally, employment-based visas need labor eligibility. The EB-2 waives the employment offer and labor eligibility conditions; however, the suggested efforts have to be in the national interest of the US. The EB-2 NIW depends on the person’s particular kind of work. The person must be able to indicate that the work they will render on receipt of their green card is a job that is within the National appeal of the US. Again, the eligible persons must satisfy many measures concerning their expertise attainment in their area.
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The Difference Between the EB-2 NIW Visa and the EB-2 Visa
The EB-2 visa program is obtainable for non-United States nationals; however, it is complicated and involves receiving unconditional Green cards for those with an advanced degree and unique abilities to entrepreneurs with inventive ideas that will steer the economic expansion. However, the EB-2 may seem easier to acquire than the EB-2 NIW. On the contrary, EB-2 NIW permits candidates to avoid the employment provisions, which are described as labor certification. The EB-2 NIW authorizes applicants to have a faster processing time. Hence, it is subjected to additional examination from immigration officers in which successful candidates are required to satisfy the three National Interest Waiver measures and demonstrate that it is in the national appeal of the US to award this discretionary waiver.
The primary difference between the two programs is that the EB-2 needs sponsorship by an employer, the pattern of an employment offer, and labor eligibility. One path many people take is beginning their own business within the States and having themselves be the employer.
The EB-2 NIW permits candidates to evade the employment provisions, whereby the EB-2 Visa needs an employer in the United States to present the I-140 plea. The EB-2 NIW demands that the candidates undergo this procedure themselves. The National Interest Waiver is subjective, in which the suggested efforts possess both significant excellence and national primacy for instance, presently, there is a pilot depletion in the United States, and this provides pilots the chance to make an application for their green card using the EB-2 NIW scheme.
Qualification Requirement for an EB-2 NIW Visa
Since the EB-2 NIW is a subclass of EB-2, you are legally needed to satisfy the eligibility for the first two subclasss of the EB-2 visa. You are required to submit additional proof as to the reasons your work can be utilized on a federal level. There are base measures for EB-2 visas for the advanced degree or the exceptional capacity subclasses, which have to do with the following. For an advanced program, you are required to have a United States advanced degree or an international equivalent. You are also required to have letters from your future or present employer. Regarding exceptional ability, you must have a significant level of specialty in your area of work and satisfy EB-2 standards.
You are required to satisfy a minimum of three of the legal provisions for EB-2:
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- Identification of your significant donations to your field.
- Membership in a specialty association
- A skilled certificate to practice your occupation
- Proof you commanded an income
- An official educational record that shows your professional ability from your academic institution, which includes:
- Diploma
- Degree
- Certificate
- Institution of learning award
- Letters that indicate ten years of full-time expertise in your area of work.
There is a placed number of letters of recommendation needed for EB-2 NIW qualification. Hence, the more evidence of proof you can submit to firm up your specialty, the stronger your case becomes. Furthermore, the legal EB-2 NIW provisions, particularly for the NIW class, have to do with:
- Your motives for making an application for an NIW possess national significance
- You possess the ability and role to begin your agenda
- The US will gain from your position, which seeks to waive the provisions for an employment offer.
As the NIW application needs national concern, you will be required to submit proof of how and reasons the United States should waive a labor certificate. Furthermore, to be regarded for EB-2 NIW qualifications, you need an advanced degree. This implies a master’s degree or higher or an international equivalent. If you possess just the bachelor’s program, an additional five years of experience is relevant to apply.
Non-Requirement for EB-2 NIW
- EB-2 NIW does not need a labor certificate
- It does not need you to show your remarkable ability. This implies that you are not required to satisfy the high measures of the EB-1 standards.
- No IELTS is needed.
- No proof of funds is needed.
- No age restrictions
Expense Cost for an EB-2 NIW
The NIW candidate will first be required to make a payment of $700 to file Form I-140. After the Form I-140 is endorsed, the route ahead will differ based on where the candidate is settled.
If the candidate is already residing in the US, they will be required to make payment of the filing fee for Form I-485, which is officially described as an “Application for Adjustment of Status.” Again, they will be required to cover the cost of the medical test, which may vary between $200 to $400, and they will also make payment for their biometrics taken, which is $85.
If they presently reside overseas, they will be required to make an application through consular processing when it has to do with employment-based green cards.
EB-2 NIW Approval Rate
Based on USCIS (United States Citizenship and Immigration Services), as of fiscal year 2023 (Q1), they obtained a total of 8,806 NIW petitions, of which 7,622 have been authorized, leading to an EB-2 NIW acceptance rate of 84.9 percent.
On the contrary, in the second quarter of 2023, the USCIS obtained 7,889 requests, and as part of the new and pending ones, 9,119 were accepted, and 1,710 were rejected. On the other hand, applications amounting to 15,825 were pending. The authorized rate in this quarter was 84.5 percent. Hence, the authorized rate fell in the third quarter, which was 89.6 percent.
EB-2 NIW Annual Allocation
The EB-2 visa is a second-choice employment visa. This implies that 28.6 percent of the aggregate employment-based visas will be shared for EnB-2 visas. You must understand that there will be more visa candidates than visas obtainable annually. About 40,000 EB-2 visas will be provided annually.
Again, not more than 7 percent of EB-2 visas can be allocated to candidates from a particular nation. This implies that if you are a citizen of a country with many candidates, the wait to obtain a visa will take longer time. There is no benefit to applying for an EB-2 visa at a particular time of the year. EB-2 visas are awarded monthly. So, unlike other visas, which include H-1B, where you are required to make an application on a particular date, you can make an application for an EB-2 visa any time you desire.
