NIW | National Interest Waiver Green Card

EB2-NIW is a U.S. immigration category designed for foreign nationals seeking permanent residency, particularly those with exceptional abilities or specialized professions. The "National Interest Waiver" allows qualified applicants to bypass the labor certification process (PERM) and directly file an I-140 petition. Unlike other employment-based visas, EB2-NIW does not require employer sponsorship.

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Eligibility Requirements

1. Advanced Degree or Exceptional Ability

   • Applicants can meet the advanced degree requirement in one of two ways:

     1. A master's degree or higher (foreign degrees must be accredited).

     2. A bachelor's degree (foreign degrees must be accredited) plus at least five years of relevant professional experience.

   • Alternatively, applicants can qualify based on exceptional ability in science, arts, or business by meeting at least 3 of the following 6 criteria:

     1. Academic evidence from recognized institutions in the field (e.g., universities or training programs).

     2. At least 10 years of full-time experience in the relevant field.

     3. A professional license or certification in the field.

     4. Evidence of high income commensurate with exceptional ability.

     5. Membership in associations requiring outstanding achievement in the field.

     6. Proof of significant contributions in the field recognized by government bodies or professional organizations.

2. The applicant’s proposed work must have intrinsic value and benefit the national interest.

3. Demonstrated professional skills, experience, and resources must support the proposed work effectively.

4. Waiving the labor certification process must better serve U.S. national interests.​

 

Required Documentation

1. Applicant Information: Personal details, academic credentials, awards, patents, published works, or other achievements.

2. Future Work Plan: USCIS does not require proof of guaranteed success but looks for feasibility and potential impact.

3. Field Evidence: Documentation showing influence in the relevant field, including expert recommendation letters, media coverage, and project outcomes.

4. National Interest Evidence: Materials explaining how the applicant’s work benefits U.S. national interests.

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Application Fee

Government fees

• Base Application Fee (I-140): $715

• Premium Processing Fee (Optional): $2805

• Additional Fees:

  • Individual or small company sponsorship (≤25 employees): $300

  • Large company sponsorship (>25 employees): $600

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Note: All USCIS fees are updated as of November 20, 2024. Applicants must pay according to the latest fee schedule.

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Processing Time

• Standard processing: 6-12 months

• Premium processing (optional): Results within 45 business days for eligible cases

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The Visa Bulletin, issued mid-month, provides updates on priority dates for the following month.

For the latest information, visit:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin