Secure U.S. Permanent Residency Without Labor Certification | EB-2 National Interest Waiver (NIW)
EB2 NIW Visa USA: EB-2 National Interest Waiver (Green Card)
The EB2 NIW visa (also written as EB2-NIW visa or EB2 niw visa USA) is an employment-based immigrant pathway that can lead to a U.S. green card. A National Interest Waiver (NIW) is a request to waive the usual job offer and labor certification requirement because the proposed work is in the national interest of the United States.
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EB-2 NIW Visa at a Glance
Visa type: Employment-based immigrant category (EB-2) with a National Interest Waiver (NIW) request
Who it’s for: EB-2 qualified professionals whose proposed endeavor meets the NIW standard
Key benefit: NIW may waive the job offer and labor certification requirement
Core petition: Form I-140 (Immigrant Petition for Alien Worker)
Green card stage: Form I-485 (if in the U.S. and eligible) or consular processing (if abroad)
Fees: USCIS filing fees + (if applicable) immigrant visa fees; optional premium processing where eligible
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- Pay after approval (terms apply)
INDEX:
- What Is the EB2 NIW Visa and What Is It Used for in the United States?
- EB2 NIW Visa USA: Who Can Apply and What Types of Profiles Exist?
- EB2 NIW Visa Requirements: Eligibility Criteria and Mandatory Documentation
- How to Apply for EB2 NIW Visa: Step-by-Step from I-140 to Green Card
- EB2 NIW Visa Application UK: How to Apply from the United Kingdom
- EB2 NIW Visa Cost: Government Fees and Typical Cost Elements
- How Much Is an EB2 NIW Visa in Total? Realistic Budget Expectations
- Dependants: Family Members of EB-2 NIW Applicants
- Visa Availability and Priority Dates (Visa Bulletin)
- Premium Processing for EB-2 NIW (When Available)
- Why Choose Corporate Visa Solutions for Your EB-2 NIW Strategy
What Is the EB2 NIW Visa and What Is It Used for in the United States?
The EB2 NIW visa is a pathway within the EB-2 employment-based immigrant category that can lead to U.S. permanent residency. A National Interest Waiver (NIW) is a request to waive the usual job offer and PERM labor certification requirement when USCIS determines the proposed endeavor is in the national interest of the United States.
USCIS evaluates NIW petitions using the three-part framework commonly referenced from Matter of Dhanasar (substantial merit and national importance; well positioned; and a balancing test).
EB2 NIW Visa USA: Who Can Apply and What Types of Profiles Exist?
To pursue an USA EB2 NIW visa, you must first qualify for the underlying EB-2 classification as either:
A member of the professions holding an advanced degree (or equivalent), or
A person of exceptional ability.
Common NIW applicant profiles include researchers, founders, technical experts, and other professionals whose work can be evidenced as nationally important and whose record shows they are well positioned to advance the proposed endeavor. USCIS has issued guidance explaining how it evaluates EB-2 NIW petitions.
EB2 NIW Visa Requirements: Eligibility Criteria and Mandatory Documentation
The EB2 NIW visa requirements include two parts:
1) EB-2 eligibility (base requirement)
You must document that you meet EB-2 as an advanced degree professional or a person of exceptional ability.
2) NIW eligibility (the NIW framework)
You must demonstrate:
The proposed endeavor has substantial merit and national importance;
You are well positioned to advance the proposed endeavor; and
On balance, it is beneficial to the U.S. to waive the job offer and labor certification requirements.
Because NIW is discretionary, consistency and clarity across the petition narrative and supporting evidence are essential.
How to Apply for EB2 NIW Visa: Step-by-Step from I-140 to Green Card
The EB-2 NIW process follows a structured flow:
Define the proposed endeavor and build an evidence plan aligned to the NIW framework
File Form I-140 with USCIS, including EB-2 eligibility evidence and the NIW request
Track immigrant visa availability using the U.S. Department of State Visa Bulletin
Complete the green card stage via:
Adjustment of Status (Form I-485) if eligible in the U.S., or
Consular processing if applying from abroad.
EB2 NIW Visa Application UK: How to Apply from the United Kingdom
Applicants applying from the UK typically file the I-140 with USCIS and later proceed through adjustment of status (if in the U.S. and eligible) or consular processing (if abroad), depending on their circumstances and visa availability.
EB2 NIW Visa Cost: Government Fees and Typical Cost Elements
The EB2 NIW visa cost depends on which filings apply to your case. Typical cost elements include:
Form I-140 filing fee (USCIS)
Form I-485 filing fee (if adjusting status in the U.S.)
Premium processing fee (optional, when eligible, via Form I-907)
Immigrant visa fees (Department of State) if using consular processing
For the current official amounts, use USCIS fee resources and the Department of State fee pages.
How Much Is an EB2 NIW Visa in Total? Realistic Budget Expectations
When applicants ask “how much is an EB2 NIW visa,” the answer depends on the filing route and whether you add optional services.
As a general guide:
Government fees are published by U.S. authorities and may change
Some cases include additional costs (translations, expert letters, couriering, medical exam at the green card stage)
Total timing and cost can also depend on visa availability and processing route
Dependants: Family Members of EB-2 NIW Applicants
Spouses and unmarried children under 21 may be eligible to immigrate as derivatives with the principal applicant under employment-based immigrant rules.
Visa Availability and Priority Dates (Visa Bulletin)
Green card timing is affected by immigrant visa availability, which is published monthly in the Visa Bulletin. USCIS also publishes which chart to use for adjustment of status filings.
Premium Processing for EB-2 NIW (When Available)
USCIS provides guidance on requesting premium processing and confirms eligibility for E21 NIW I-140 petitions through the premium processing request process.
Why Choose Corporate Visa Solutions for Your EB-2 NIW Strategy
Managing an EB-2 NIW petition requires a structured approach aligned with USCIS standards and evidence expectations.
At Corporate Visa Solutions, we:
Assess EB-2 eligibility (advanced degree or exceptional ability)
Build the NIW strategy aligned to USCIS NIW guidance
Prepare the Form I-140 petition package and supporting documentation
Plan timelines using USCIS processing/visa availability resources
Frequently Asked Questions (FAQs)
The EB2 NIW visa is an EB-2 immigrant petition requesting a National Interest Waiver so the job offer and labor certification requirements can be waived when USCIS determines it is in the national interest.
You must qualify for EB-2 (advanced degree or exceptional ability) and satisfy the NIW framework USCIS applies to determine whether a waiver is justified.
Most cases start by filing Form I-140 with USCIS. After the petition stage, green card steps depend on visa availability and whether you proceed through adjustment of status or consular processing.
USCIS provides instructions for requesting premium processing for eligible NIW I-140 petitions through the premium processing request process (Form I-907).
Costs may include USCIS fees for I-140 (and I-485 if applicable), optional premium processing fees, and Department of State immigrant visa fees if using consular processing.