EB2 Visa - National Interest

Get U.S. Residency without a sponsor. Thanks to the EB-2 Visa

From prominent professionals to permanent residents in the United States. Learn more about this National Interest Visa. iBi is your best option.

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✓ 94% success rate
✓ 4-12 months is the average approval time
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What is an EB-2 National Interest Visa?

The Labor Certification process can be lengthy and time consuming. An employer filing and sponsoring a green card process must first submit a Labor Certification application to the appropriate state agency. Once the application is approved, the employer must begin a recruitment campaign, and then submit the results of the campaign to the state agency.

If the Department of Labor agrees that there are no U.S. workers available in the labor market to fill the position based on fair recruitment efforts, a Labor Certification will be issued. The entire process can be as short as six months, or as long as three years.

Alternatively, a person may request that the Labor Certification requirement be waived because it is in the best interest of the United States to do so. This is known as a “National Interest Waiver,” or NIW. If an applicant can prove that it is in the best national interest, both the job offer and the Labor Certification requirements will be waived.

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The individual can apply to USCIS for an EB-2 visa directly, rather than relying on an employer to apply for an employment-based visa.

There are several key differences between traditional EB-2 cases and EB-2 NIW cases. First, in an EB-2 case, an employer must be the petitioner, with the foreign national as the beneficiary of the petition. In EB-2 NIW cases, a foreign national may file for himself or herself, or an employer may file for him or her.

Second, in an EB-2 case, the employer must go through the Labor Certification process with the Department of Labor, which can take a considerable period of time. The Labor Certification process is waived in EB-2 NIW cases. Third, EB-2 cases require a job offer. EB-2 NIW cases waive the labor offer requirement.

Fourth, it is generally more difficult to get approved for an EB-2 NIW visa than it is to get approved for an EB-2 visa. However, by using a skilled and experienced EB-2 NIW attorney, such as the attorneys at iBi, foreign nationals can increase the likelihood of a favorable outcome.

USCIS NIW Eligibility Criteria

In 2016, the Administrative Appeals Office of the United States Citizenship and Immigration Services (USCIS) issued a decision establishing new criteria for determining the eligibility of an EB-2 visa applicant for a National Interest Waiver (NIW). In this decision, known as the Matter of Dhanasar, USCIS explains the necessary requirements for receiving an NIW visa and sets forth a three-part test that applicants must pass to obtain it.

Under the Dhanasar standards, the applicant must meet the following criteria:

The initiative proposed by the foreign national must have substantial merit and national importance. The foreign national must be in a favorable position to advance the proposed initiative. It would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category.

USCIS does not restrict applications to specific fields, such as science or technology, but accepts applications from foreign nationals in all professions as long as they are promoting initiatives that benefit the United States.

The substantial merit and national importance criteria are evaluated based on the potential impact of the initiative and the importance of the issues that an applicant can address through it.

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Why choose iBi

Every case we take on is based on our principles of trust, transparency, honesty, education, and above all, results. That is why our clients are always satisfied with our services and what differentiates us from the competition.

Reduce the risk of application rejection

Get a thorough review of all applications and support for any government requests. With iBi, you have easy access to your attorney by phone or email support 7 days a week.

You don't have to chase down your lawyer

In too many firms, the client feels the burden of trying to drive progress with their lawyer or get updates on their case. As a client with iBi, you can relax knowing your attorney will check the status of your case every 5 days and send you a monthly check-in of all case developments.

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faster

Traditional attorneys file through mail, which tremendously slows processing time. Your iBi attorney will file your case online, speeding up case processing times by 7 months on average.

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Our Process

The Immigration process can be complicated and stressful, especially if you don’t have the right advice or experience with the detailed process. With over 25 years of experience, our team of immigration experts will assist you with your goals from start to finish.

1. Free Consultation

Get a free online or in-person consultation to discuss eligibility and the best solution for your situation. We have decades of immigration law experience so we are fully equipped to handle any issue brought to our firm.

2. Application assembly and review

Once you select us as your firm, we’ll guide you through an online questionnaire. Then, our team will review to begin compiling a tailored visa application.

3. Supporting Documents

We will provide a list of supporting documents you need for the visa application. Once received, our team will ensure they meet government requirements and standards.

4. Filing

Your iBi attorney will file the application online. We will provide you transparent status updates every 5 days and send a monthly check-in. You will also receive instructions to check your case status on the USCIS portal.

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Contact the Best Immigration Specialists for the EB-2 NIW Visa.

Our EB-2 NIW immigration experts have extensive experience in guiding our clients through the immigration process, from collecting the required documentation to preparing them for an interview and completing the final paperwork. At iBi - International Business Immigration, we focus solely on the practice of immigration law and work closely with our clients to help them achieve their goals.

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Service FAQs

We have the experts, know-how and connections to help you succeed and most of all we want you to succeed! We have the means to help you, and we understand that you likely have questions. Check out our FAQs on how we can help you and let’s get started.

Can I apply for permanent residence with an EB-2 visa for national interest?

Yes, once you have an EB-2 visa for national interest, you can apply for permanent residence.

Can I apply for US citizenship with an EB-2 visa for national interest?

Yes, once you have permanent residence for at least five years, you can apply for US citizenship.

Can I change jobs with an EB-2 visa for national interest?

If you change jobs with an EB-2 visa for national interest, you must submit a new visa application.

What is the EB-2 visa for national interest (NIW)?

The EB-2 visa for national interest is an employment-based immigrant visa category that allows highly skilled professionals and people with exceptional abilities to immigrate to the United States without a job sponsor.

Who is eligible for the EB-2 visa for national interest?

Eligible applicants for the EB-2 visa for national interest are those who can demonstrate that their work is of national interest to the United States and who meet the necessary education and experience requirements.

What is considered a "national interest" job?

A national interest job is one that has a significant impact on the economy, health, security, or cultural well-being of the United States.

What level of education is required for the EB-2 visa for national interest?

The EB-2 visa for national interest requires an advanced level of education, such as a master's or doctoral degree in a relevant field.

What experience is required for the EB-2 visa for national interest?

The EB-2 visa for national interest requires at least five years of professional experience in the relevant field.

Is a job offer required for the EB-2 visa for national interest?

No job offer is required for the EB-2 visa for national interest, but the applicant must demonstrate that their work is of national interest to the United States.

Can I apply for the EB-2 visa for national interest if I am in the United States on a tourist visa?

No, you must be outside the United States to apply for an immigrant visa.

How long does the EB-2 visa for national interest application process take?

The processing time varies, but it can take several months to several years.

What is the approval rate for the EB-2 visa for national interest?

The approval rate varies by case, but it is generally high if the applicant meets all the requirements.

Can I work for more than one employer with an EB-2 visa for national interest?

No, the EB-2 visa for national interest is granted for a specific job with a specific employer.

Can I bring my family with me with an EB-2 visa for national interest?

Yes, you can bring your spouse and unmarried children under the age of 21 with you to the United States.

If you change jobs with an EB-2 visa for national interest, you must submit a new visa application.

Get U.S. Residency without a sponsor. Thanks to the EB-2 Visa

What is an EB-2 National Interest Visa?

USCIS NIW Eligibility Criteria