# How to Apply for an EB-2 NIW Visa Read on to learn whether you qualify for a national interest waiver ## What Is an EB-2 NIW visa? An [EB-2 visa](https://www.boundless.com/immigration-resources/eb2-visa-explained) is an employment-based visa intended for those who either have an advanced degree or exceptional ability. Applicants who fall into one of these categories and whose employment would be in the national interest of the United States may apply for a national interest waiver (NIW) as a part of their EB-2 petition. With an EB-2 NIW visa, the applicant is considered a lawful permanent resident of the United States. To apply for an EB-2 visa, the applicant will first need to file [Form I-140](https://www.boundless.com/immigration-resources/form-i-140-explained) (officially called the “Immigrant Petition for Alien Worker”). The NIW allows the applicant to file this petition on their own behalf — without a job offer and without first acquiring a permanent labor ([PERM](https://www.boundless.com/immigration-resources/perm-application-cost-approval)) certification. ## How Much Does the EB-2 NIW Cost? The NIW applicant first will need to pay $715 to file Form I-140. Once I-140 is approved, the cost will vary depending on where the applicant is living. If the applicant is already living in the United States, they will need to pay the $ filing fee for [Form I-485](https://www.boundless.com/immigration-resources/form-i-485-explained) (officially called the “Application for Adjustment of Status”). They will also need to cover the fee for the [medical exam](https://www.boundless.com/immigration-resources/preparing-for-the-medical-exam), which can range anywhere from $200 to $400. If they currently live abroad, they will need to apply via [consular processing](https://www.boundless.com/immigration-resources/green-card-consular-processing). For employment-based green cards, the [consular visa processing fee](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html#permanent) is $345. ## How Long Does it Take to Get an EB-2 NIW? For Form I-140, the processing time can take anywhere from 10.5 to 26.5 months, depending on where the applicant is filing from. After the applicant receives a notice of approval, they will then need to check the U.S. Department of State’s [Visa Bulletin](https://www.boundless.com/blog/visa-bulletin/) to see whether a green card is available. Once a visa becomes available, the applicant may start the green card application process. If applying from within the United States, they will need to submit Form I-485. Waiting times vary depending on the location, but it can take more than 2 years for USCIS to process the application. If applying from abroad (via consular processing), the applicant will likely wait between [4 and 6 months](https://www.boundless.com/immigration-resources/green-card-consular-processing/#what-is-the-consular-processing-timeline). ## EB-2 NIW Eligibility Requirements In this section, we’ll discuss the requirements for obtaining an EB-2 national interest waiver. ### National Interest Waiver To successfully obtain an NIW, the applicant must show: - That their proposed endeavor is of “substantial merit and national importance” - That they are “well-positioned” to execute their proposed endeavor - That, on balance, it would be in the national interest to waive the job offer and PERM certification requirements - By “on balance,” USCIS means that the benefits of the certification are outweighed by the benefits of the NIW “Substantial merit” may be shown in a variety of different fields including education, health, culture, technology, science, entrepreneurialism, and business. The applicant doesn’t need to demonstrate the economic benefits of their work but may, instead, frame their proposal in terms of its broader impact on the social good. The applicant’s proposed endeavor also does not need to affect the entire geographical area of the United States. Bringing a large number of jobs to an economically devastated region, for example, could be seen as an endeavor of national importance, despite its local scope. ### Advanced Degree or Exceptional Ability In addition to the above, the applicant must show that they have either the foreign equivalent of an advanced degree or an exceptional ability. For the latter, they must possess “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” And for the former, they must have, at minimum, the equivalent of a master’s degree, or alternatively, the equivalent of a bachelor’s degree with 5 years of post-bac work experience. ### EB-2 NIW Evidence In order to meet the NIW criteria, the applicant will need to gather relevant proof, which will then be attached to Form I-140. In this section, we’ll discuss some guiding principles for compiling evidence and provide a list of documents the applicant can use to build their case. #### Evidence for NIW With these guiding principles in mind, the applicant can begin to gather evidence specifically for the National Interest Waiver. Evidence might include: - Pertinent data - News articles or other media demonstrating the applicant’s impact on their field and the national importance of their endeavor - Academic research - Complete project plan showing how the applicant will advance the goals of their endeavor - Letters written by experts in a relevant field - Any concrete proof of contributions to the field - This might include awards, conference papers, patents, or any other form of official acknowledgement. - Resume - Degrees In addition to these, entrepreneurial applicants may include in their petition: - Evidence of start-up capital - Letters of intent - Proof of contracts ### Evidence for Advanced Degree If applying under the advanced degree category, the applicant will need to have 1 of the following: - A diploma and transcripts showing that they have obtained the equivalent of a master’s degree or higher - A diploma and transcripts showing the applicant has obtained the equivalent of a bachelor’s degree — with letters from employers showing 5 years of post-bac work experience - The letters should demonstrate that the applicant improved their skill set during those 5 years ### Evidence for Exceptional Ability To qualify for the exceptional ability category, the applicant must be able to provide at least 3 of the following: - An official academic record showing they have obtained a certificate, diploma, or degree from a university or school related to the exceptional ability - Proof of payment for services related to the applicant’s ability - A license (or certification) obtained by the applicant to practice their profession - A membership at a relevant professional association - Letters showing 10 years of full-time work experience in their given field - Official acknowledgement — by peers, government agencies, or related organizations — of applicant’s contributions to the field - Other relevant proof of eligibility In addition to seeing the documentation, the USCIS officer will need to believe that the applicant has an exceptional ability. For this reason, the applicant should, if possible, provide more than 3 of the above-listed items. ### Background In its 1998 decision, titled [_Matter of New York State Dep’t of Transportation_](https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3363.pdf) (NYSDOT), U.S. Citizenship and Immigration Services’ (USCIS’) Administrative Appeals Office (AAO) developed a three-pronged framework for reviewing NIW petitions. According to that framework, USCIS officers were to assess: - Whether the job in question was of “substantial intrinsic merit” - Whether the applicant’s work, and the benefits thereof, would be “national in scope” - Whether a PERM certification requirement would negatively impact the national interest In their 2016 decision, titled [_Matter of Dhanasar_](https://www.justice.gov/eoir/page/file/920996/download#page=3&zoom=auto,-108,29), AAO found these criteria lacking. #### Note: It’s important to be sure that the advanced degree is actually equivalent to its U.S. counterpart. For example, in certain countries a law degree can be obtained at the baccalaureate level and, therefore, would not be considered an advanced degree. To confirm the equivalence of their degree, applicants can use a credential evaluation service, such as [World Education Services](https://www.wes.org/) or [Education Credential Evaluators](https://www.ece.org/). ### EB-2 NIW FAQs **How long does it take to put together an EB-2 NIW application?** It depends. Compiling the paperwork for an EB-2 NIW application can take anywhere from several weeks to several months, depending on the circumstances. **What is a PERM certification?** Before petitioning for an employment-based visa, employers must (in most cases) obtain a permanent labor certification from the Department of Labor (DOL). Before issuing a PERM certification, DOL must determine whether hiring a non-U.S. citizen would negatively affect the wages or working conditions of U.S. workers.