A Guide to Self-Petitioning for EB-2 NIW: Fees, Processing Times, and Evidence Requirements

The EB-2 visa is an employment-based visa for individuals with advanced degrees or exceptional ability. Applicants in these categories whose work serves the U.S. national interest may apply for a National Interest Waiver (NIW). To apply for an EB-2 visa, the applicant must first file Form I-140 (Immigrant Petition for Alien Worker). The NIW allows applicants to file this petition themselves, without a job offer and without first obtaining permanent labor certification (PERM).

What Are the Filing Fees for EB-2 NIW?

NIW applicants must first pay the $715 filing fee for Form I-140. Once the I-140 is approved, the fees will vary depending on the applicant's location.

• If the applicant already lives in the United States, they need to pay the filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status), which is generally $1,440. They also need to pay for a medical examination, which ranges from $200 to $400.

• If they currently live abroad, they will need to apply through consular processing. For employment-based green cards, the current consular visa processing fee is $345.

How Long Does EB-2 NIW Processing Take?

The processing time for Form I-140 may range from 10.5 to 26.5 months, depending on where the applicant submits it. After receiving the approval notice, the applicant should check the U.S. Department of State's Visa Bulletin to see if a green card is available.

Once a visa is available, the applicant can begin applying for a green card. If applying within the United States, they need to submit Form I-485. Wait times vary by location, but U.S. Citizenship and Immigration Services may take 1-2 years to process the application. If applying from abroad (through consular processing), the wait time is typically 4 to 6 months.

If a permanent resident card is immediately available, the applicant can file Form I-140 together with the green card application, which can save considerable time.

To learn the latest processing times, please check the USCIS processing times tool.

National Interest Waiver Eligibility Requirements

To successfully obtain an NIW, the applicant must demonstrate:

• that their proposed endeavor has "substantial merit and national importance"

• that they are "well positioned" to advance the proposed endeavor

• that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification

"On balance" means that USCIS finds the benefits of waiving the certification requirement outweigh the benefits of requiring it.

"Substantial merit" can be shown in various fields, including education, health, culture, technology, science, entrepreneurship, and business. The applicant does not need to prove the economic benefits of their work, but can frame their proposed endeavor in terms of its impact on society as a whole. The applicant's proposal also does not need to affect the entire geographic area of the United States. For example, bringing a large number of jobs to an economically depressed area, even with a limited scope of impact, can be considered a proposal of national importance.

There is also no need to prove that the proposal has a "greater than 50 percent chance of ultimate success." The applicant only needs to show that they are "well positioned" to successfully advance the project. This means the applicant does not need to already have a successful company to apply for an NIW. However, having a long-term successful company may strengthen their application.

In addition to the above requirements, the applicant must also show that they possess an advanced degree or exceptional ability. For exceptional ability, they must demonstrate "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business." For an advanced degree, they need at least a degree equivalent to a master's, or a bachelor's degree plus 5 years of relevant work experience. It is important to ensure that the advanced degree is actually equivalent to a U.S. degree. For example, in some countries, a law degree can be obtained at the undergraduate level and thus would not be considered an advanced degree. To confirm degree equivalency, applicants can use credential evaluation services such as World Education Services (WES) or Educational Credential Evaluators (ECE).

Evidence for EB-2 NIW

To meet the NIW criteria, the applicant needs to gather relevant evidence and attach it to Form I-140.

NIW Guiding Principles

The relevant law does not list specific supporting documents, which means USCIS officers must decide on a case-by-case basis. However, USCIS does provide some guiding principles that may be useful. For example, to determine whether the applicant is "well positioned" to advance their plan, officers may consider a range of different factors, including:

• educational level

• skills

• official record of the applicant's success in their field

• relevant knowledge

• a clear plan showing how the proposed goals will be advanced

• a record showing the applicant's progress toward their goals

• demonstrated interest by stakeholders, users, clients, or other types of interested parties

To determine whether the applicant meets the third criterion—whether waiving the PERM certification requirement would benefit the United States—officers may consider factors such as:

• whether it is practical to obtain a job offer or labor certification given the nature of the applicant's skills

• whether the United States would benefit from the applicant's work regardless of its impact on workers in similar fields in the United States

• whether the United States has an urgent need for the applicant's skills

Below are some examples of how applicants can use these factors to build their case:

Using the first factor, an entrepreneur can argue that obtaining certification or a job offer is impractical (or even illogical) for a business owner. For the second factor, an applicant can argue that their work is so important to improving society as a whole that it does not matter whether U.S. citizens are already advancing similar projects. Finally, a scientist can argue based on the third factor that their work is urgently needed to save lives or prevent disease.

Evidence for NIW

With these guiding principles in mind, the applicant can begin gathering evidence for the national interest waiver. Evidence may include:

• relevant data

• news articles or other media showing the applicant's impact in their field and the national importance of their proposal

• academic research

• a complete project plan showing how the applicant will advance the proposed goals

• recommendation letters written by experts in the relevant field (see the FAQs for more details)

• evidence of any specific contributions to the field, which may include awards, conference papers, patents, or any other form of official recognition

• resume

• degrees

In addition, entrepreneur applicants may include in their application:

• evidence of startup funding

• letters of intent

• proof of contracts

When gathering evidence, the applicant should ensure that they cover each NIW criterion.

In addition to the above documents, the applicant also needs to gather evidence proving that they have an advanced degree or exceptional ability.

Evidence of Advanced Degree

If applying under the advanced degree category, the applicant needs to have one of the following:

• diplomas and transcripts showing the equivalent of a master's degree or higher

• diplomas and transcripts showing the equivalent of a bachelor's degree—plus a letter from the employer documenting 5 years of relevant work experience

• These letters should show that the applicant's skills progressed during the 5-year period

• If the applicant has an advanced degree (or equivalent), they should strongly consider choosing this route. As we will see, the exceptional ability category is relatively complex.

Evidence of Exceptional Ability

To meet the exceptional ability category requirements, the applicant must be able to provide at least 3 of the following:

• official academic records showing relevant professional certificates, diplomas, or degrees

• evidence of payments for services related to the applicant's abilities

• licenses (or certifications) obtained by the applicant

• membership in relevant professional associations

• letters showing 10 years of full-time work experience in the relevant field

• official recognition of the applicant's contributions in the field by peers, government agencies, or relevant organizations

• other evidence of relevant qualifications

In addition to reviewing documents, USCIS officers also need to be convinced that the applicant has exceptional ability. For this reason, applicants should provide more than 3 of the above items whenever possible. In other words: simply providing some documents is not enough; the evidence should be organized in a way that strengthens the applicant's arguments.

EB-2 NIW FAQs

Q: How long does it take to prepare an EB-2 NIW application?

Preparing documents for an EB-2 NIW application may take weeks to months, depending on the circumstances. Applicants in the "exceptional ability" category may need several months to gather the necessary evidence. Those applying under the "advanced degree" category may need only a few weeks to obtain diplomas and transcripts.

Q: For Form I-140, do I need to provide evidence for NIW, advanced degree, and exceptional ability?

No. You need to provide evidence supporting your national interest waiver request. Then, you need to provide evidence supporting either the exceptional ability or the advanced degree category.

Q: What is PERM certification?

Before applying for an employment-based visa, the employer must (in most cases) obtain permanent labor certification from the Department of Labor (DOL). Before issuing PERM certification, the DOL must determine whether hiring a non-U.S. citizen would:

• adversely affect the wages or working conditions of U.S. workers

• prevent equally qualified U.S. workers from obtaining similar jobs

With an NIW, however, the EB-2 applicant does not need a job offer and therefore does not need to obtain permanent labor certification.

Q: What should an expert recommendation letter include?

Recommendation letters should include:

• the expert's relationship with the applicant

• the national importance of the applicant's proposal

• the applicant's track record of success

• the applicant's exceptional ability to carry out the project

• references to the applicant's relevant publications

• the expert's explicit support for the applicant's project plan

Experts can attest in recommendation letters to the urgency of the proposed project, thereby strengthening the applicant's argument that waiving the certification requirement would benefit the United States. These letters can also reinforce the applicant's argument that they are "well positioned" to successfully carry out their plan.

Q: Can I reuse recommendation letters from other visa applications?

Generally, reusing letters is not recommended. Recommendation letters differ from expert letters, which are usually more specific in their language. You also need letters written by experts, not necessarily your work colleagues or former employers. Therefore, if you have already collected recommendation letters for other visa applications, you may still need to collect new letters written specifically by experts for this application. However, if you are certain that the recommendation letters contain all the information required for the EB-2 NIW application, then you may use them.

Q: Are the National Interest Waiver (NIW) and National Interest Exception (NIE) the same thing?

The National Interest Waiver (NIW) and the National Interest Exception (NIE) are two distinct concepts with different purposes. The NIW is a provision in employment-based immigration that allows certain foreign nationals to obtain permanent residence without a job offer or labor certification if their work is deemed to be in the U.S. national interest.

The National Interest Exception (NIE) is a discretionary waiver granted by the U.S. government that allows certain individuals to be exempt from certain travel restrictions. During the COVID-19 pandemic, certain presidential proclamations restricted entry into the United States for individuals who had been in certain countries during specified periods. If granted, an NIE allows individuals who would otherwise be affected by these restrictions to enter the United States for specific purposes, such as supporting critical infrastructure, conducting research, or promoting economic recovery.