Extraordinary Ability Visas for the Most Talented Individual
Pathway to U.S. Permanent Residency for Extraordinary Talent
The EB-2 National Interest Waiver (NIW) is a pathway to U.S. permanent residency for individuals with advanced degrees or exceptional ability whose work is deemed to be in the national interest. The NIW allows applicants to self-petition for a green card, bypassing the usual requirements of a job offer and labor certification. Below is a step-by-step explanation of the EB-2 NIW immigration process.
Approximately 28.6 percent of employment- based visas are reserved for EB-2 visa applicants. Applicants from China and India are backlogged in the EB-2 category because of oversubscription.
Who is Eligible for the EB-2 NIW Visa?
EB-1A: Extraordinary Ability (No Job Offer Required)
For doctors and nurses seeking a U.S. residency, key steps include: registering with the ECFMG, passing the USMLE exams, gaining relevant clinical experience in the U.S., researching residency programs, applying through ERAS, participating in interviews, ranking programs, and ultimately "matching" with a residency position on Match Day; international medical graduates (IMGs) should particularly focus on acquiring U.S. clinical experience through observer ships or rotations to bolster their applications.
How to Apply for the EB-2 NIW Visa
STEP 1: Gather Supporting Documentation
To build a strong case, prepare comprehensive evidence, including:
- Academic Credentials:
- Degrees, transcripts, and certifications.
- Professional Contributions:
- Evidence of research, publications, patents, awards, or other significant contributions.
- Letters of Recommendation:
- Letters from recognized experts in your field, explaining the value of your work and its impact on the U.S.
- Evidence of Impact:
- Data, media coverage, or other documentation demonstrating the national or international importance of your work.
- Personal Statement:
- A detailed description of your proposed endeavor, its national importance, and how you are uniquely qualified to achieve it.
STEP 2: File Form I-140 (Immigrant Petition for Alien Worker)
- Prepare Form I-140:
- File Form I-140 with U.S. Citizenship and Immigration Services (USCIS). You can self-petition, as no employer is required for an NIW case.
- Attach Supporting Evidence:
- Include all documentation proving eligibility for both EB-2 and NIW criteria.
- Processing Time:
- Regular processing can take 6–12 months.
- Premium Processing is available for NIW cases, reducing processing time to 15 calendar days for an additional fee.
STEP 3: Wait for I-140 Decision
STEP 4A: Adjustment of Status (Inside U.S.)
- Approval: If Form I-140 is approved, proceed to the green card application stage.
- Request for Evidence (RFE): If USCIS requests more information, provide the additional evidence within the specified deadline.
- Denial: If denied, you can appeal or file a new petition with improved documentation.
STEP 4A: Adjustment of Status (Inside U.S.)
STEP 4A: Adjustment of Status (Inside U.S.)
STEP 4A: Adjustment of Status (Inside U.S.)
After your Form I-140 is approved, you can proceed to the green card stage if you are Inside the U.S.
A. Adjustment of Status (AOS) (If in the U.S.)
- File Form I-485:
- Submit Form I-485, Application to Adjust Status, to USCIS.
- This can be done concurrently with Form I-140 if a visa number is immediately available.
- Submit Supporting Documents:
- Medical exam results (Form I-693).
- Proof of lawful status in the U.S. (Form I-94 or visa records).
- Evidence of financial support (Form I-864, if applicable).
- Work and Travel Authorization:
- File Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole) to work and travel while the green card application is pending.
- Processing Time:
- Adjustment of Status typically takes 8–14 months, depending on USCIS workload.
STEP 4B: Consular Processing (Outside U.S.)
STEP 4A: Adjustment of Status (Inside U.S.)
STEP 4B: Consular Processing (Outside U.S.)
After your Form I-140 is approved, you can proceed to the green card stage if you are Outside the U.S.
B. Consular Processing (If Outside the U.S.)
- National Visa Center (NVC) Processing:
- After I-140 approval, your case is transferred to the NVC, which collects required documents.
- Visa Interview:
- Attend an interview at a U.S. embassy or consulate in your home country.
- Visa Issuance:
- If approved, you’ll receive an immigrant visa to enter the U.S. as a permanent resident.
STEP 5: Receive Your Green Card
STEP 4A: Adjustment of Status (Inside U.S.)
STEP 4B: Consular Processing (Outside U.S.)
Once your Adjustment of Status or Consular Processing is approved, you will receive your green card, granting permanent residency in the United States.
Why Pursue the EB-2 NIW Visa?
Obtain Permanent Residency in the U.S.
The EB-2 NIW visa is a prestigious category for those at the top of their field, offering:
- Priority Processing: Often faster than other employment-based categories.
- No Job Offer Required: For EB-2 NIW, applicants do not need an employer sponsor.
- Pathway to Green Card: Successful EB-1 applicants gain U.S. permanent residency, opening doors for both personal and professional opportunities.
If you believe you qualify for the EB-2 NIW visa, ensure your application is meticulously prepared with strong documentation to highlight your extraordinary abilities or achievements.
Ready to begin your EB-2 NIW Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.
