EB-2 NIW Visa: Answers to Common Questions - Arvian Immigration Law Firm
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EB-2 NIW Visa: Answers to Common Questions

Getting an EB-2 NIW visa may seem like a complex process. We’ve compiled the most frequently asked questions to help understand this visa category.

What is most important for EB-2 NIW petition approval?

It’s important to prove your work corresponds with US national interests and is of substantial significance to the country.
You also need to confirm having a master’s degree (or equivalent) in a related field or a bachelor’s degree + 5 years of work experience, and demonstrate exceptional abilities in this area, meeting at least three of six criteria (including having a diploma, work experience, licenses, membership in professional associations, etc.).

Can you get an EB-2 NIW without a master’s degree?

Yes, it’s possible. But you’ll need to demonstrate outstanding abilities in your profession and significant work experience.

What role do expert recommendations play?

They confirm your professional achievements and contributions to your field.

Is a job offer from a US employer required?

No, an EB-2 NIW does not require this.

What should you do in case of denial?

File an appeal or provide additional evidence as requested by USCIS.

Can you apply for an EB-2 NIW from abroad?

Yes, the I-140 petition can be filed from anywhere in the world.

How long does petition processing take?

From 3 months to 1.5 years, with premium processing – 15 days.

Can my family members also get visas with me?

Yes, after I-140 approval your family members will also be able to obtain immigration visas.

When evaluating EB-2 NIW petitions, USCIS considers the following key criteria:

– Your level of professional abilities and their exceptional nature.
– The degree of potential contribution your work can make to advancing US national interests.
– Your demonstrated intention to continue your career and work in your specialty already within the United States.

To increase chances of approval, it is important to convincingly demonstrate meeting these three key evaluation criteria for GREEN CARD candidates in the EB-2 NIW category.

We recommend consulting an experienced immigration attorney to get qualified advice.

 

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