EB2 NIW: Employment-Based Immigration for Advanced Degree Holders and Exceptional Ability Professionals

Introduction

The EB2 NIW (National Interest Waiver) category is for professionals with advanced degrees or exceptional ability who can demonstrate that their work is in the national interest of the United States. This option allows applicants to bypass the labor certification process.

Who Can Apply:

Professionals with advanced degrees (Master's or higher) or a Bachelor's degree plus five years of progressive work experience in their field.
Individuals who can demonstrate exceptional ability in the science arts, or business.

Process Details:

Filing Form I-140: Similar to the EB1A, the process begins with the filing of Form I-140.
National Interest Waiver: Applicants must demonstrate how their work benefits the U.S., which is critical for approval.

Required Documents:

Proof of advanced degree (e.g., diploma, transcripts).
Evidence of exceptional ability (e.g., publications, professional memberships).
A detailed personal statement explaining how the work serves the national interest.
Form I-140 and associated fees.

Fees:

USCIS filing fee for Form I-140: $715.
USCIS Asylum Program Fee $300
Additional costs may include legal fees, costs for gathering evidence, and optional premium processing $2,805.

Benefits:

No requirement for a job offer or labor certification.
Flexibility in demonstrating national interest.
Access to premium processing to expedite the application.

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