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The Path to the EB-2 NIW Visa

Wykrota Law Firm

The EB-2 NIW (National Interest Waiver) visa is a U.S. permanent residency (Green Card) category designed for highly skilled professionals whose work provides significant benefits to the country. Its main advantage is that it waives the requirement for an employer sponsor and the labor certification process (PERM), making the path more flexible.

 

To qualify, the applicant must meet one of the EB-2 criteria: hold an advanced degree (master’s or higher, or a bachelor’s degree with at least five years of experience) or demonstrate exceptional ability in their field (science, business, arts, education, or sports). Additionally, they must prove that their project has substantial merit and national importance to the U.S., that they are well-positioned to advance it, and that it is beneficial for the country to waive the job offer requirement.

 

The process begins with document preparation, gathering evidence such as diplomas, publications, patents, and recommendation letters. Next, the applicant submits Form I-140 to USCIS, which will assess whether they meet the requirements. After approval, the next step depends on the applicant’s place of residence: if they are in the U.S., they can apply for an adjustment of status (I-485); if outside the country, they will go through consular processing. The applicant may expedite the consular process by opting for Premium Processing of the Form I-140.

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Vale do Sereno - Nova Lima - Minas Gerais

Brazil - 34.006-059

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