EB-2 National Interest Waiver
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EB-2 National Interest Waiver (NIW)
The EB-2 National Interest Waiver is one of the few employment-based green card routes that requires no employer, no job offer, and no PERM labor certification. You petition for yourself. For researchers, engineers, physicians, entrepreneurs, and skilled professionals whose work benefits the United States, it is often the most flexible path to permanent residence.
We prepare NIW petitions from the ground up — assessing eligibility honestly before you invest in the case, then building the evidentiary record USCIS expects under the Matter of Dhanasar framework. Türkçe hizmet verilmektedir.
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Meeting the EB-2 Threshold:
Before the waiver is even considered, you must qualify for EB-2 — either through an advanced degree (a U.S. master’s or higher, or a bachelor’s plus five years of progressive post-baccalaureate experience) or through exceptional ability in the sciences, arts, or business. We review foreign credentials, degree equivalency evaluations, and experience letters at the outset. -
Prong One — Substantial Merit and National Importance:
Your proposed endeavor must have substantial merit and national importance. Merit can lie in business, entrepreneurship, science, technology, health, education, or culture. National importance turns on the broader implications of the work rather than its value to a single employer or location. -
Prong Two — Well Positioned to Advance the Endeavor:
USCIS weighs your education, record of success, expertise, publications and citations, patents, funding, adoption of your work by others, and concrete progress toward the endeavor. Independent expert letters from people who can speak to real-world impact carry significant weight. -
Prong Three — Why the Waiver Serves the National Interest:
We show why, on balance, it benefits the United States to waive the job offer and labor certification requirements — for example, because of the impracticality of obtaining labor certification, the urgency of the work, or the contribution you are positioned to make. -
Building the Evidentiary Record:
A strong NIW rests on a specific, well-defined proposed endeavor supported by objective documentation. We help you frame the endeavor, identify and approach recommenders, assemble citation and impact data, and draft the petition letter that ties the evidence to the legal standard. -
Filing and Premium Processing:
The petition is filed on Form I-140 with USCIS. Premium processing is available for NIW petitions, which substantially shortens the adjudication window. We also advise on your priority date and Visa Bulletin movement for your country of chargeability. -
Adjustment of Status or Consular Processing:
Once a visa number is available, you complete the process either on Form I-485 inside the United States — often with work and travel authorization for you and your family — or through consular processing abroad. A spouse and unmarried children under 21 may be included as derivatives. -
Requests for Evidence and Refiling:
NIW petitions draw Requests for Evidence more often than most categories. We prepare RFE responses, including for cases originally filed by another attorney or self-filed, and advise candidly on whether a refile is the better route.
Our Commitment:
We will tell you before you file whether we believe your case is ready. If the record is thin, we would rather help you strengthen it over the coming months than file a petition likely to draw a denial. When the case is ready, we build it thoroughly, because a well-documented petition is the strongest thing within your control.
Contact us for an assessment of your profile against the three Dhanasar prongs. Every case turns on its own facts, and past results do not guarantee similar outcomes.
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Our Process
We Have simple 4-step process.
1. Initial Consultation
We start with a consultation to assess your needs, gather information, and determine the best legal strategy for your case.
2. Document Preparation
We gather and prepare all necessary documents, ensuring everything is accurate and complete before submission to the relevant authorities.
3. Legal Representation
We represent you throughout the process, attending interviews, handling communications, and advocating for your best interests.
4. Final Resolution
Once your case is resolved, we provide follow-up support to ensure you fully understand the outcome and any next steps.