EB2 Visa Labor Petition – NIW Labor Petition: Time - 40 min

The EB2-NIW (National Interest Waiver) visa represents a unique opportunity for certain foreign professionals who wish to obtain permanent residency in the United States.

This visa category is part of
the second employment-based immigration preference (EB-2), which is intended for professionals with degrees
advanced or people with exceptional abilities in science, arts or business.

What is the EB2-NIW Visa?
The EB2-NIW allows applicants to avoid the labor certification process, which typically requires proving
that there are no qualified American workers available for the position offered.

Instead, NIW applicants must demonstrate that their work has a significant impact on their field and that their
presence in the US benefits the country substantially.

Requirements for the EB2-NIW Visa:
Candidates must meet certain criteria to be eligible:

1. Advanced Degree: Must possess a graduate degree or its equivalent, which may be a bachelor's degree plus five years of progressive work experience.
2. Exceptional Ability: If they do not have an advanced degree, they must demonstrate exceptional abilities in their field.
3. National Benefit: They must prove that their work has a significant impact and benefits the United States.

Necessary Documentation
Documentation for the petition includes:

• Form I-140
• Application fee
• Presentation letter
• Evidence of education and achievements, such as diplomas and resumes
• Evidence of awards, memberships in professional associations, and significant contributions to your field.
Application Process
The application process involves the preparation and submission of the petition package, which must be organized
meticulously and accompanied by solid evidence supporting the applicant's eligibility. Once
submitted, the petition is reviewed by the United States Citizenship and Immigration Services (USCIS), and if approved, the applicant can proceed with the next steps toward permanent residence.

View in USCIS