Key Advantages of EB-2 NIW

Differing from the standard EB-2 visa, which requires an employer sponsor and going through the PERM process (obtaining a certificate verifying the unavailability of a qualified American worker for the position), the EB-2 NIW visa enables applicants to independently submit the required documents. This grants you the flexibility to select your projects without being confined to a single employer. Changing jobs will not impact your green card status.

There are also other types of green cards, such as EB-1, which also do not require a labor certification. However, the requirements for the EB-2 NIW are less stringent than for the EB-1. For the EB-1, you need to demonstrate "extraordinary ability," such as having significant awards or publications in reputable journals, and meet very high standards. For the EB-2 NIW, you need to show that you are an expert in your field and that your work is in the national interest of the USA.

You can apply for an EB-2 NIW with your family. Spouses and minor children (under 21 years old) will automatically receive green cards and, consequently, have the right to work if your petition is approved. Furthermore, if you are already in the U.S., you can file a petition to change your status to EB-2 NIW, granting you the right to work while your application is pending.

After residing in the USA for five years on an EB-2 NIW green card, you can apply for U.S. citizenship.

‍Criteria and Requirements

There are two tracks to apply for an EB-2 NIW visa:

• Track of Advanced Degree:
  Applicants must hold a master's degree or higher. American university diplomas or evaluated diplomas from foreign universities will be accepted. Applicants with a bachelor's degree may apply, provided they can demonstrate a minimum of five years of consistent work experience in the relevant field. Letters from current and former employers will be required for this.
• Track of Exceptional Ability
  You must satisfy at least 3 out of 6 criteria from  the list of USCIS: 
  1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  2. Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
  3. A license to practice your profession or certification for your profession or occupation.
  4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  5. Membership in a professional association(s)
  6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility related to your field of work is also acceptable. For example, featuring a series of expert articles or interviews can position you as a distinguished authority in your field.‍

Evidence of National Interest

You must provide compelling evidence that your work is important to society and serves the national interest of the United States. In other words, you must demonstrate that you can make a significant contribution to the development of the country or start a business that addresses a specific problem in the United States. Ideally, by the application stage, you should have a comprehensive project plan outlining your development intentions in the USA. This could encompass work in fields such as science, art, business, or education. The range of professions is very broad: from software engineers, UX/UI designers, product managers, CEOs to founders, producers, investors, and dancers. USCIS particularly highlights STEM specialties as a priority for national interests. Overall, unlike the EB-1 visa category, which prioritizes achievements, the EB-2 NIW focuses on alignment with national interests as the key factor.

It is imperative to prove compliance with three prongs of NIW:

1. The proposed endeavor has both substantial merit and national importance. Your job or project will bring benefits to the USA. It could be your own business or employment work.

2. You are well positioned to advance the proposed endeavor. Having the necessary skills for successful implementation of your activities.

3. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification. For example, demonstrate how your initiative will generate employment opportunities for U.S. residents.

To identify the priority sectors aligning with U.S. national interests, examine:

• official statements of the U.S. authorities (Congress, White House, USCIS, etc.),
• materials in publications, articles, interviews of academics and experts.

At the same time, it is crucial to consider another aspect: your work must not adversely affect the job market in the United States or impinge on the interests of local professionals.

The applicant should include all this information in a cover letter, which should:

• be easily comprehensible without special knowledge in this area;
• refer to all relevant attached documents confirming the validity of the arguments;
• to be organized in accordance with the requirements of NIW for ease of review.

In most cases, a business plan will also be required, detailing how your activities align with all NIW criteria and prongs and how they will contribute to the development of the USA. When starting your own business, this visa does not mandate hiring a minimum number of employees or a specific investment amount.

It is crucial to show that you will remain active in the professional field specified in your petition while in the United States.

The EB-2 NIW visa presents a multitude of opportunities for professionals whose contributions are highly valued by the United States. If you possess substantial professional expertise and experience, the EB-2 NIW visa could open the door to a prosperous life in the United States. In 2023, there were 39803 applications submitted for the EB-2 NIW visa. Remarkably, around 80% of these, totaling 31889 applications, successfully received approval.