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EB-2 NIW — Green Card for Highly Skilled Professionals and Entrepreneurs

In today’s world of international business activity, entrepreneurs and innovators are seeking opportunities to expand their businesses abroad. EB-2 NIW (National Interest Waiver) visa is one of the most attractive options for those aiming to establish or grow their enterprises in the United States. This article will cover the main aspects of this visa, its advantages, criteria, application process, and other important points.

Overview of EB-2 NIW Visa

EB-2 NIW visa is an immigration visa (Green Card) that leads to permanent residence. It is intended for foreign nationals who possess exceptional abilities in scientific, business, or academic fields and can demonstrate that their presence in the U.S. will serve the national interest. It differs from other EB-2 categories in that it does not require an employer sponsor or prior approval of Labor Certification.

Advantages of EB-2 NIW Visa

One of the main advantages of EB-2 NIW visa is the absence of the need for an employer sponsor. This means you can control your stay and work in the U.S., providing greater freedom and flexibility to implement your projects and ideas.

EB-2 NIW Visa Criteria

To obtain EB-2 NIW visa, you should meet several criteria. The main ones include evidence of a project in the national interest of the U.S. and exceptional abilities. To demonstrate exceptional abilities, you can use documents such as scientific publications, patents, recommendation letters from experts in your field, and other evidence of your professional significance.

Project in the National Interest of the U.S.

If you lack formal education, you need to meet 3 out of 6 talent criteria:

  1. Media Publications about You: This criterion involves having wide and recognized public attention to your activities. To demonstrate this, you can provide newspaper clippings, magazine articles, online publications, and other media where you and your work are mentioned. These materials should clearly indicate your name and role and highlight the significance of your contributions.
  2. Scientific Publications: If your work is related to the scientific field, it is important to provide documents confirming your scientific achievements. These could be articles in peer-reviewed scientific journals, conference presentations, patents, and other documents that demonstrate your contributions to science and research.
  3. Industry Impact: To demonstrate this criterion, you should provide documents confirming your influence on the industry. These might include colleague reviews, recommendations from supervisors or partners, evidence of completed projects, awards, and recognitions for your contributions to the development and improvement of the industry.
  4. Increased Income: For this criterion, you must provide documents proving your high income level. These can include tax returns, bank statements, contracts, or other documents demonstrating your financial success and stability.
  5. Association Membership: It is important to indicate your membership in professional associations, clubs, or organizations related to your field. This confirms your active role in the community and recognition by your peers.
  6. Leading Role: To confirm this criterion, you should provide documents proving your leading role in an organization, project, or initiative. This could include written recommendations from supervisors, evidence of your contributions to achieving goals and successes in your field, and other documents confirming your professional significance and influence.

How to submit EB-2 NIW petition?

The process of applying for EB-2 NIW visa includes preparing the petition and submitting the relevant documents, such as a business plan or career plan. After this, you need to file the application with the appropriate immigration services and attend an interview at a U.S. consulate or embassy. This process can be complex and may require professional assistance from an immigration attorney.

Who can apply for the Visa?

EB-2 NIW visa is available to a wide range of qualified professionals, including entrepreneurs, scientists, researchers, engineers, and other professionals whose work is recognized as nationally significant. This includes both individuals with outstanding achievements in their fields and those who can demonstrate potential for such success in the future.

Cost of EB-2 NIW Visa

The cost of EB-2 NIW visa includes not only the fees for processing your case but also expenses for document preparation, attorney services, and other related costs, including the preparation of a business plan. The total amount can vary depending on the complexity of your case and the cost of services required, typically averaging around $15,000 to $20,000. Expenses related to this visa can range from $10,000 to $70,000 for case preparation. The fee for filing the I-140 petition is $715.

Main Pre-Move Expenses

  1. Medical Examination: The cost of a medical examination can range from $100 to $500 or more, including doctor consultations, laboratory tests, and vaccinations.
  2. Document Translation: Be prepared to pay from $20 to $100 per page for document translation services, with costs varying depending on the language and document complexity.
  3. USCIS Fees: Fees depend on the type of visa. For example, the visa application fee can range from $530 to $4,460, with additional fees such as application processing fees ranging from $160 to $265.

How long does EB-2 NIW take?

The waiting time for EB-2 NIW visa decision can vary depending on the workload of immigration services. Typically, the process takes several months, but in some cases, it may take longer. This can be due to various factors, such as document verification, additional requests from immigration services, or delays beyond your control.

Can you work on EB-2 NIW Visa?

Yes, EB-2 NIW visa holders have the right to work in the U.S. according to their qualifications and specialization. They can engage in entrepreneurial activities, work for themselves, or for other employers, making this visa especially attractive for those seeking self-realization and development in business or science.

Comparison with EB-1A and O-1 Visas

Compared to EB-1A (visa for individuals with extraordinary abilities) and O-1 (visa for individuals with exceptional abilities), EB-2 NIW visa offers broader opportunities for entrepreneurs and professionals who do not possess such exceptional abilities but can make a significant contribution to the country’s economy and development. It also has more flexible criteria and does not require as high a level of achievement for approval.

EB-1A (Alien of Extraordinary Ability):

O-1 (Nonimmigrant Visa for Individuals with Extraordinary Ability or Achievement):

EB-2 NIW (National Interest Waiver):

Assessing Your ЕВ-2NIW Visa Chances

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