The EB-2 National Interest Waiver (NIW) Green Card offers a valuable pathway for professionals seeking to advance their careers in the United States. Whether you're an entrepreneur, researcher, or professional in the humanities, understanding the nuances of the EB-2 NIW process can significantly impact your application success. In this blog, we explore key insights from our recent webinar, addressing common questions and providing clarity on the application process.
Join our upcoming webinar today, where our experienced immigration attorneys will share key insights on eligibility, business plans, featured technologies, and strategies for a successful application!
Understanding the EB-2 NIW Application Process:
Professional with advanced degrees or who have bachelor’s followed by at least five years of progressive work experience can apply for the EB-2 NIW. Professionals also must demonstrate that their work benefits the national interest of the United States. Unlike other visa categories, the EB-2 NIW allows applicants to self-petition, eliminating the need for a job offer or labor certification. This makes it an attractive option for many professionals.
On March 6, 2025, we had aired our webinar “EB-2 NIW: Green Card Opportunity for Professionals” in which ****Grape Law’s expert attorneys shared key insights on eligibility, business plans, featured technologies, and strategies for a successful EB-2 NIW Green Card application. The questions below are taken from the webinar’s Q&A session with the participants. Watch the webinar here.
Key Questions and Answers from Our Webinar:
Can I file my EB-2 NIW application while my EB-3 unskilled process is pending?
Since EB-2 falls under the second preference category, you need to wait until your priority date becomes current, regardless of your country of origin. If you filed under the EB-3 unskilled category, your priority date might have advanced differently or even earlier compared to EB-2. Filing an EB-2 NIW application concurrently usually does not harm your case, depending on the stage of your EB-3 process. Once your EB-2 petition is approved, you may benefit from a faster adjustment of status process, as your EB-2 might process more quickly.
Read our blog: **What is PERM Application? How to Apply? for learning more about the EB-3 Visa (Green Card)**
Is EB-2 only designed for STEM professionals, or are options available for those in the humanities and social sciences?
EB-2 NIW petitions are often easier to demonstrate in STEM fields like artificial intelligence, biotechnology, and molecular biology. However, the petition is not exclusive to STEM fields. Successful NIW cases have been approved even for profiles such as family photographers where the work's importance was adequately demonstrated. The key is showing that your work provides concrete benefits and holds national importance.
Can someone with a B-1/B-2 visa stay in the USA after filing the EB-2 NIW and wait for the outcome?
Filing an EB-2 petition does not confer lawful status; a B1/B2 visa only allows temporary stay (typically up to six months, possibly extendable to 12 months). You may remain within U.S. borders during your authorized period, but once it expires, you must change your status or secure another visa to maintain lawful presence. Options such as changing to an F-1 student visa might be worth considering. Have your case carefully reviewed to determine the most suitable pathway for maintaining your status.
Would in-progress or under-review articles be beneficial for a master's graduate researcher without publications yet?
The NIW application doesn't rely solely on fixed criteria like publication numbers—it's about showing you are "well positioned" in your field. Your prior work experience, managed projects, and research role can play significant parts. While published and cited articles are advantageous, documentation showing articles in progress or under review can also strengthen your case. Detailed information on this subject may be covered in future webinars specifically for researchers.
How important are recommendation letters for the NIW application?
Providing evidence of your background, proposed project, and value to the United States is crucial for the NIW petition. Recommendation letters from well-recognized experts, especially from independent third parties are critical. Such letters add professional perspective, emphasizing the significance of your work. Letters from experts not directly associated with you typically carry more weight in the evaluation.
I'm in Brazil and just opened a branch of my Brazilian company in Miami. I have an MBA. What visa would be best for me?
Your MBA indicates an advanced degree, positively positioning you for an EB-2 NIW petition. Success in an EB-2 NIW application also depends on clearly demonstrating your company's field, operations, and the national importance of your contributions.
Besides EB2 NIW, you might consider other visa options such as L-1 or E-2 visas. To determine the appropriate visa, have your resume and business model reviewed in detail through a professional assessment.
Read our blog: L-1 Visa for Enterprises and Startups
I'm a pharmacist and researcher with a master's in pharmacology and I am doing my PhD in biotechnology. I have about about 40 publications. Am I eligible for the EB-2 visa?
Based on your qualifications, you appear to have strong credentials for an EB-2 NIW petition. In some cases, candidates with your profile might even qualify under the EB-1 (first preference) category. Determining the proper category requires a detailed review of your resume and publication record. Share your complete resume and related documentation for accurate guidance.
What about diploma equivalency before the visa process?
EB-2 NIW petitions require proof of an advanced degree (master's, PhD, or equivalent foreign diploma recognized in the United States). Your foreign diploma and transcripts must be evaluated by independent credential evaluation agencies to determine U.S. equivalency. This evaluation report critically verifies your educational credentials for the visa process.
Conclusion:
The EB-2 NIW application process can be complex, but with proper guidance and preparation, it offers a promising opportunity for professionals to advance their careers in the U.S. When applying, ensure your application highlights your contributions to the national interest and includes strong support letters.
Contact us at Grape Law Firm for a personalized evaluation of your case. Send your resume to [email protected], and let our experienced team guide you through the application process.
