Overview of the EB-2 Process and National Interest Waiver Request

The Employment-based, second preference (EB-2) visa category is designed for professionals with advanced degrees or exceptional abilities in their respective fields. However, the national interest waiver (NIW) provision allows eligible individuals to bypass the usual requirement of a job offer and labor certification, making the EB-2 process more accessible for those who can demonstrate that their work will benefit the United States.

To apply for an EB-2 visa with a national interest waiver, an individual needs to showcase their exceptional abilities or advanced degree and demonstrate the national importance of their work. Individuals qualified in areas such as environmental, aviation, medical research, civil engineering, or other STEM fields, to name just a few areas, may be granted an EB-2 visa while self-petitioning (petitioning without a job offer or labor certificate). This involves highlighting specific contributions and the potential impact an individual can make in their fields. By doing so, the applicant can prove that their work is in the national interest, thereby justifying the waiver requirement and increasing their chances of approval.

By offering a complete overview, individuals can gain insight into the complexities of this visa category and make informed decisions regarding their applications. Representation by an experienced immigration attorney is advisable in pursuit of the EB-2 national interest waiver.

Supporting Documents for EB-2 National Interest Waiver Request

When applying for an EB-2 visa with a national interest waiver (NIW) request, it is crucial to provide a comprehensive set of supporting documents and information. These documents serve as evidence to showcase the applicant's exceptional abilities or advanced degree, expertise, and the national interest they will fulfill through their work. As part of these criteria, an applicant must demonstrate they are well positioned to achieve their objective. Included below are some suggested materials that can boost the strength of an EB-2 NIW petition.

One key document is a detailed personal statement outlining the applicant's background, achievements, and contributions in their field of expertise. This statement should emphasize the significance and impact of their work in relation to the national interest. The specific industry or societal segment that would benefit from the work should be discussed in detail, making it clear the proposed work of the petitioner is of national importance. The petitioner’s statement must also address any progress made toward the proposed endeavor. For example, if your proposed endeavor is to form a business offering consultation in a niche area of aviation, the petitioner’s statement should explain the steps taken toward forming the legal entity, building vendor relationships, and interests from companies or government entity that require these services.

Letters of recommendation from experts (more often called letters of reference) and authorities in the field should corroborate the applicant's exceptional abilities and further validate the need for their expertise in the United States. These letters should provide specific examples and evidence of the petitioner’s innovative research, technical skills, or professional achievements. Reference letters often serve a dual purpose, as they also allow for colleagues or supervisors to confirm your employment as listed on your resume without obtaining a separate employment letter. A successful petition for EB-2 NIW requires confirmation of all work experience the petitioner requests the agency to consider.

Furthermore, evidence of memberships in prestigious professional organizations, participation in conferences or seminars, and published articles or research papers can demonstrate the applicant's dedication to their field and their contributions towards advancing knowledge and improving practices. By compiling a strong set of supporting documents, petitioners can significantly increase their chances of a successful EB-2 NIW petition.

Breakdown of the Processing Time

It is essential to consider the processing time when applying for an EB-2 visa with a National Interest Waiver request. Although each case is unique and processing times can vary, it is useful to have a general understanding of the timeline involved.

The initial step is to file Form I-140, the Immigrant Petition for Alien Worker, along with your request for NIW and supporting documents mentioned previously. This filing can take around four to eight months to process without opting for premium processing. As of February 26, 2024, the fee for premium processing of the I-140 Petition is $2,805. You can learn more about the filing fees associated with the I-140 Petition for EB-2 NIW here.

Once the I-140 petition is approved, the petitioner must wait for an available visa before proceeding to the next stage. If you are within the United States while your I-140 Petition for EB-2 NIW is pending, you must maintain lawful status to continue to be eligible for EB-2 status. For example, if you are in H-1B or F-1 status at the time of filing the I-140 Petition, this status must remain current, or the petitioner must change to another lawful status that allows the petitioner to remain in the U.S. Violations of immigration status, even unintentional violations, could negatively affect eligibility for lawful permanent residence. Any individual seeking to go through the EB-2 NIW process should seek consultation from an experienced immigration attorney to determine whether you may obtain the EB-2 NIW green card from within the United States based on the expiration of your status. If you are petitioning for the EB-2 NIW from outside the U.S., you do not have to maintain active status, but should still be conscious not to commit any immigration violations, such as overstaying a visitor/business visa.

Next is the filing Form I-485, the Application to Register Permanent Residence or Adjust Status (if located within the U.S.) or a Form DS-260 immigrant visa with the Department of State (if located outside the U.S.). The processing time for the I-485 application is dependent on various factors, including the workload of the USCIS, the complexity of the case, and any backlogs that may exist. Generally, the processing time for the I-485 can range from several months to more than a year. For those applying from abroad, there currently exists a backlog with applications reviewed by the Department of State at various consulates and embassies. However, the timeframe to process the DS-260 immigrant visa application is shorter than that of the I-485 application. It is crucial to stay informed about the current processing times and regularly check for updates on the USCIS and U.S. embassy websites. By understanding the processing time, applicants can better plan their immigration journey and manage their expectations accordingly.

Likelihood of Approval for Environmental, Aviation, Medical Research, and Civil Engineering Fields

When it comes to the likelihood of approval for the EB-2 National Interest Waiver (NIW) in fields such as environmental, aviation, medical research, and civil engineering, several factors come into play. Each field has its own unique set of criteria that applicants must meet to demonstrate their exceptional ability and the national interest of their work.

In the environmental field, for example, the USCIS will consider the applicant's significant contributions to the field through recognized publications, participation in professional associations, and awards or grants received. Additionally, the petitioner must provide evidence that their work directly addresses pressing environmental issues and would serve the national interest.

In aviation, strong credentials in areas such as research, development, aircraft design, and safety can increase the likelihood of approval. This can include published articles, patents, and memberships in distinguished professional organizations related to aviation. The petitioner must also demonstrate that their work contributes to advancing technology, improving safety, or enhancing national security.

For medical research, the USCIS will evaluate the petitioner’s publications, citations, peer review activities, and participation in professional conferences (as a speaker/presenter). The research should have a significant impact on public health or clinical practice, and the applicant must prove that their work is in the national interest by addressing specific health concerns or contributing to medical breakthroughs.

In the field of civil engineering, the likelihood of approval is influenced by factors such as the applicant's academic achievements, professional licenses, certifications, and practical experience. The USCIS will also consider the impact of the applicant's work on the nation, focusing on areas such as infrastructure development, transportation systems, and public safety.

While meeting the criteria for the EB-2 NIW is challenging, individuals in these fields who can prove their exceptional ability or who hold an advanced degree and the national interest of their work have a realistic chance of approval. It is important to provide comprehensive supporting documents and strong evidence that clearly demonstrate the significance of one's work and the benefits it brings to the United States.

Complete an evaluation today to have your qualifications evaluated by an experienced immigration attorney at Vizar Law, PLLC.