EB-2
NIW Exceptional Ability
Program Overview
The EB-2 NIW is a U.S. immigration program designed for professionals with advanced degrees or exceptional abilities whose work benefits the United States. This program allows qualified individuals to apply for a green card without a job offer or labor certification — making it ideal for leaders in fields like business, science, healthcare, education, and technology.
Program Requirements
Applicant Must
- Be at least 18 years old
- Have no criminal record
- Provide supporting evidence of their exceptional ability
National Interest Waiver (NIW) Criteria
To qualify for the NIW, your petition must show that
- Your proposed endeavor has substantial merit and national importance
- You are well-positioned to advance the proposed endeavor
- Waiving the job offer and labor certification would benefit the U.S. overall
Must meet at least 3 of the following 7 criteria
- Academic records (degree, diploma, or certificate) related to your field
- Letters proving at least 10 years of full-time experience in your occupation
- License or certification to practice your profession
- Proof of a high salary or compensation reflecting exceptional ability
- Membership in professional associations
- Recognition for achievements by peers, government bodies, or industry organizations
- Other comparable evidence demonstrating eligibility
The EB-2 process includes two main stages
1.I-140 Petition
The applicant submits a self-petition directly to USCIS using Form I-140, without requiring a job offer or employer sponsorship.
Regular or premium processing may be selected depending on case strategy.
If eligible, the applicant may also file Form I-485 concurrently for adjustment of status.
2. 2. I-485 / DS-260
Applicants inside the U.S. may file Form I-485 to adjust their status to permanent resident.
Applicants outside the U.S. complete Form DS-260 to apply for an immigrant visa after I-140 approval.
Once documents are reviewed and approved, the case is forwarded to the appropriate U.S. consulate or embassy for a final interview and biometric screening (if required).
Program advantages
- No job offer required
You can self-petition without needing sponsorship from a U.S. employer.
- No labor certification process (PERM)
Skip the lengthy labor market test required for other employment-based green cards.
- Career flexibility
After approval, you are not tied to a specific employer as long as your work continues to align with the endeavor described in your NIW petition.
- Faster processing with concurrent filing
- Premium processing available
Expedite your I-140 petition to receive a decision within approximately 45 calendar days.
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