The Most Frequently Asked Questions About the EB2-NIW
- Murtaz Navsariwala
- 5 days ago
- 4 min read
In recent years, the EB2-NIW visa (Employment-Based Second Preference – National Interest Waiver) has gained significant attention among foreign nationals who wish to live and work legally in the United States without the need for a job offer or employer sponsorship.
This type of visa offers a unique opportunity for qualified professionals who can demonstrate that their work is in the national interest of the United States.
If you are considering immigrating to the U.S. through the EB2-NIW, this blog post will clarify the most common questions about the process. Read until the end to understand the details and find out whether you may be an ideal candidate for this pathway.
Table of Contents
What is the EB2-NIW and who can apply?
The EB2-NIW is an employment-based visa designed for professionals who hold an advanced degree or demonstrate exceptional ability in their field.
Its main advantage is the waiver of the job offer requirement: applicants may request a National Interest Waiver by proving that their presence and work would benefit the United States.
Professionals in science, technology, healthcare, education, arts, business, and other critical fields may qualify for the EB2-NIW.
What are the eligibility criteria for the EB2-NIW?
To qualify, applicants must:
Hold an advanced degree or demonstrate exceptional ability;
Prove that their proposed endeavor has substantial merit and national importance;
Show that they are well positioned to carry out the proposed endeavor;
Demonstrate that it would be beneficial to the United States to waive the job offer requirement.
How is national interest determined?
“National interest” is evaluated based on the impact of the applicant’s work in the United States, including:
Benefits to the economy, public health, education, or national security;
Significant contributions to innovation, research, or development;
The potential to positively influence a field considered strategic for the country.
What is considered an advanced degree for an EB2-NIW petition?
An advanced degree may include:
A master’s degree or doctorate;
A bachelor’s degree (minimum of four years) plus five years of progressive post-bachelor professional experience in the field.
Evidence may include diplomas, academic transcripts, employer letters, and, when necessary, expert opinions.
What does “exceptional ability” mean and how can it be proven?
Exceptional ability refers to a level of expertise significantly above what is normally encountered in the sciences, arts, business, or athletics.
If the applicant does not hold an advanced degree, they must meet at least three of the following criteria:
An academic record showing a degree, diploma, or certificate related to the field;
At least 10 years of documented full-time experience;
A professional license or certification;
Evidence of high salary or remuneration demonstrating exceptional ability;
Membership in professional associations;
Recognition for significant achievements by peers or professional organizations;
Other comparable evidence.
What is a recommendation letter for EB2-NIW?
Recommendation letters are written statements from individuals familiar with the applicant’s work who can attest to its importance to the United States. These may come from:
Employers;
Clients;
Professors or mentors;
Colleagues in the field.
These letters play a strategic role in strengthening the national interest argument.
How long does it take before I can file my petition?
Preparing an EB2-NIW petition typically takes 4 to 6 months, depending on the applicant’s profile, documentation, and case strategy. This includes gathering evidence, drafting recommendation letters, certified translations, and legal arguments.
Does premium processing increase approval chances?
No. Premium processing only shortens the review time (usually to 45 days) and does not influence the final decision. Approval depends entirely on the strength and consistency of the documentation.
How difficult is it to get an EB2-NIW petition approved?
The EB2-NIW is considered one of the most complex immigration petitions due to the volume and specificity of evidence required and the need for a well-structured legal argument. Working with an experienced immigration attorney is strongly recommended to maximize approval chances.
How do I know if I am eligible for the EB2-NIW?
The best way to determine eligibility is through a comprehensive evaluation of your professional background, academic credentials, and the impact of your work. Each case is unique and should consider:
Your education and experience;
Your projects, publications, or innovations;
Awards or professional recognition;
The contribution you can make to the United States in the short and long term.
At Murtaz Law, we conduct a thorough case evaluation to determine whether you meet the requirements set by the U.S. government. Our team has experience with hundreds of successful cases and can guide you with clarity and strategy.
Want to learn more?
Contact us today and find out whether the EB2-NIW is the right path for you to obtain your Green Card.
About Murtaz Law
With more than a decade of experience, we take pride in guiding families and individuals on their journey to legally immigrate to the USA, whether temporarily or permanently.
Our success story spans a variety of cases, including temporary immigration, family reunification, naturalization, and especially, work visas like the EB2-NIW, which leads to the Green Card. Over the years, we have built a solid reputation and become a reference for skilled professionals, artists, and elite athletes who wish to expand their careers or undertake ventures in the USA.
Our 99.5% approval rate in cases demonstrates our commitment to a personalized approach, combining ethics, creativity, and deep knowledge of the laws and economic issues. We recognize that each client has a unique story and work side by side, individually, to create tailored strategies that achieve the desired outcomes. We take the importance of our work in our clients' lives seriously. Your future deserves a unique strategy, and we at Murtaz Law have the experience and expertise to meet your immigration needs.
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