OBTAIN PERMANENT RESIDENCY BASED ON YOUR WORK OF SUBSTANTIAL MERIT

EB-2 National Interest Waiver (NIW)

This pathway towards permanent residency is designed for individuals who are performing work that is in the national interest. In 2016, the Administrative Appeals Office (AAO) revised the approach to be more inclusive for a broader range of potential scenarios in the Dhanasar decision.

Below are some of the key benefits of using the EB-2 NIW category.

Expedited Green Card Processing: The EB-2 NIW category is eligible for premium processing, allowing applicants to receive feedback from USCIS within 45 calendar days. The EB-2 NIW path can also allow for faster green card timelines because it skips the process of obtaining a labor certification (PERM).

No Labor Certification Required: Unlike some of the other employment-based green card categories, the EB-2 NIW path does not require a labor certification (PERM). This streamlines the application process and eliminates the need for a potential employer to go through the time-consuming labor certification process, which can take anywhere from 1.5 to 2 years.

Ability to Self-Sponsor: While PERM-based cases require employer sponsorship, the EB-2 NIW category allows for applicants to self-petition. Hence, an applicant may pay and file for their own case without the need for an employer, or even an attorney signature on the application.