EB-2 NIW Green Card
Are You Eligible for an NIW Green Card?
To qualify for an EB-2 NIW Green Card, you must pass the General EB-2 Eligibility Test and the National Interest Waiver Test.
Step 1: The General EB-2 Eligibility Test
You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria:
You have an advanced degree (Master’s or Ph.D Degree), or its equivalent (Bachelor’s Degree and 5 years of progressive experience); or
You have demonstrated exceptional ability in your field.
Most NIW Green Card applicants easily pass the General EB-2 Eligibility Test by having an advanced degree or its equivalent.
Step 2: The National Interest Waiver Test
After passing the General EB-2 Eligibility Test, you must also satisfy all 3 elements of the National Interest Waiver test, which are:
Your proposed work has both substantial merit and national importance.
You are well-positioned to advance your proposed work; and when balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.
This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications.
What is the NIW Green Card Application Process?
To obtain an NIW Green Card, you must file, and receive approval of, an I-140 Immigrant Petition and an I-485 Adjustment of Status Application. There are two application filing strategies available, Concurrent Filing or Separate Filing.
Concurrent Filing: If you have a strong NIW profile, you can choose to file your I-140 Immigrant Petition and I-485 Adjustment of Status Application together (also called “concurrent filing”). Your EB-2 priority date must be current to file your I-485 Adjustment of Status Application together with your NIW I-140.
What are the Main Advantages of Applying for an NIW Green Card?
Employer Sponsorship is Not Required: You can file an NIW Green Card application independently (sometimes called a “self-petition”) without sponsorship from your employer.
A Specific Offer of Employment is Not Required: You can file an NIW Green Card application even if you do not have a job offer from a U.S. employer.
PERM Labor Certification is Not Required: Unlike most other Employment-Based Green Card categories, you do not need to go through the PERM Labor Certification process to show a shortage of U.S. workers in the labor market for your occupation to be eligible to file an NIW Green Card application.
Less Strict Eligibility Criteria as Compared to EB-1A: Compared to the EB-1A Green Card eligibility requirements, which require you to present compelling documentation satisfying 3 of the 10 “extraordinary ability” criteria, the NIW Green Card eligibility requirements are less burdensome. As a result, USCIS approval rates for NIW Green Card applications are significantly higher than EB-1A Green Card applications.
Can NIW Green Card Applications Be Filed Using Premium Processing?
Will My Spouse and Children Also Get a Green Card?
Yes. Your spouse and children (under age 21) will also be able to file I-485 Adjustment of Status Applications (once your EB-2 priority date is current) as part of your NIW Green Card application process, which will allow them to receive their own Green Cards.