Because of its independence and comparatively high acceptance rate, the US EB2 NIW visa has become more popular.
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For those with advanced degrees or extraordinary talents, both visas offer routes to US permanent residence. The EB-2 NIW permits self-filing and does not call for labor authorization, while the EB-2 does not.
This is an employment-based second preference category visa.
To be eligible, a US company must make a job offer. It also must submit a labor certification proving that no competent local workers are available for the position.
This process can be drawn out and quite complicated since it requires proof that hiring a foreign worker won’t have a negative impact on US workers.
Applicants usually need to provide extensive evidence for their qualifications. They must have an advanced degree or show extraordinary proficiency in their specialty too.
As of June 2024, the following are the priority dates for the EB-2 visa category per the latest Visa Bulletin:
These deadlines specify when applicants may submit their applications for immigrant visas or status adjustments if they have priority dates prior to the specified dates.
These will play a role in your decision regarding whether or not to wait for a green card via an EB-2 visa:
The long-term advantages of gaining permanent residency may exceed the waiting period’s difficulties if you are dedicated to establishing a life and profession in the US.
Meanwhile, you might want to look at other visa possibilities like the EB-2 National Interest Waiver or NIW, if you prioritize immediate job mobility and prospects.
The typical processing time for an EB-2 visa I-140 petition is between four and six months.
Albeit, it can take up to 26.5 months based on the complexity of the case and the service center.
If you pay more for premium processing, it can be done in 15 days.
If you apply for an Adjustment of Status (I-485) from within the US, the processing time ranges from 7.5 to 32.5 months.
After I-140 acceptance, applicants from overseas must wait an extra four to six months for consular processing.
The employer sponsorship requirement can be waived for applicants using the EB-2 NIW. So, individuals can self-petition. This means they don’t require an employer’s backing or a job offer.
The application procedure can be greatly accelerated by NIW’s waiver of the labor certification prerequisite too.
Applicants must provide proof that their work is in the best interests of the US. This will demonstrate how their payments will have a major positive impact on the nation.
For eligibility under the EB-2 category, you have to:
To justify a relaxation of the employment offer requirement, you must additionally demonstrate that your work has substantial merit and national significance.
An important step for applying is filling out Form I-140 and submitting it. This form is also dubbed the Immigrant Petition for Alien Worker.
You must also gather strong proof to back up your petition, such as:
Place the completed Form I-140 in your file with the necessary filing fee and all accompanying documentation.
Your petition will be reviewed by USCIS following submission.
Although obtaining an EB-2 National Interest Waiver visa can be difficult, because of its special qualities, it is frequently thought to be easier to obtain vs other immigration channels.
An applicant’s chances of being accepted might be greatly increased by meticulous planning and paperwork compilation.
The US EB2 NIW has a comparatively high acceptance rate. Estimates put the number of approved applicants at above 80% annually.
Petition reviews can be accelerated thanks to premium processing provided by the NIW.
Within 45 calendar days, USCIS promises a decision with premium processing. This is a faster processing time than the typical EB2 NIW processing period, which can take many months to years. That all depends on various factors like backlogs particular to a country and the workload of the service center.
Currently, there is a $2,500 premium processing fee that must be paid on top of the costs for filing the forms.