The EB-2 National Interest Waiver (NIW) is an immigrant visa option that allows highly skilled professionals to seek permanent residency in the U.S. without needing employer sponsorship. In this guide, we will take you through the EB-2 NIW petition process, eligibility requirements, and tips to strengthen your petition.

Step 1: Determine Eligibility

To apply for the EB-2 NIW, applicants must meet the following criteria:

• Advanced degree or exceptional ability in the sciences, arts, or business.

• Show that your work is in the national interest of the U.S. and that waiving the job offer requirement will benefit the country.

National Interest is demonstrated by proving that your work provides significant contributions to the U.S. in fields like healthcare, science, technology, or education.

Step 2: Prepare the Petition

The next step is to prepare the Form I-140 (Immigrant Petition for Alien Worker) and include the following documents:

• Evidence of advanced degree or exceptional ability (e.g., diplomas, certifications, publications, awards).

• Recommendation letters from experts in the field who can confirm your contributions.

• Detailed description of your work and its national interest impact.

Tip: Make sure to highlight how your work directly benefits the U.S., focusing on the long-term effects of your contributions.

Step 3: Submit the Petition

Once your petition is complete, file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). Be prepared for a possible Request for Evidence (RFE), as the NIW petition requires a strong case.

Step 4: Adjustment of Status or Consular Processing

If your I-140 petition is approved, you can apply for adjustment of status (Form I-485) if you are in the U.S. or go through consular processing if you are outside the U.S.