EB-2 NIW Green Cards

To qualify for an EB-2 NIW Green Card, you must pass the General EB-2 Eligibility Test and the National Interest Waiver Test.

You can pass the General EB-2 Eligibility Test by meeting one of the following two criteria:

You have an advanced degree (Master's or Ph.D. Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or

You have demonstrated exceptional ability in your field.

Most NIW Green Card applicants easily pass the General EB-2 Eligibility Test by having an advanced degree or its equivalent.

After passing the General EB-2 Eligibility Test, you must also satisfy all three elements of the National Interest Waiver test:

Your proposed work has both substantial merit and national importance;

You are well-positioned to advance your proposed work; and

When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.

This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanias, 26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications.

To obtain an NIW Green Card, you must file and receive approval of an I-140 Immigrant Petition and an I-485 Adjustment of Status Application. There are two application filing strategies available: Concurrent Filing or Separate Filing.

If you have a strong NIW profile, you can choose to file your I-140 Immigrant Petition and I-485 Adjustment of Status Application together.

Note: Your EB-2 priority date must be current. If you were born in India or China, you cannot file concurrently because EB-2 priority dates for India and China are typically not current in the U.S. Department of State Visa Bulletin. You must wait until your priority date becomes current.

If there is uncertainty regarding the strength of your NIW profile, you may file your NIW I-140 Immigrant Petition first. Once it is approved, you may then file your I-485 Adjustment of Status Application, provided your EB-2 priority date is current.

You may file an NIW Green Card application independently without employer sponsorship.

You may apply even if you do not have a job offer from a U.S. employer.

Unlike most other employment-based green card categories, NIW applicants are not required to complete the PERM Labor Certification process.

The NIW eligibility requirements are less burdensome than EB-1A. As a result, USCIS approval rates for NIW Green Card applications are significantly higher.

Even if a green card is not immediately available due to EB-2 backlogs, filing an NIW Green Card application may still offer benefits:

• Your NIW I-140 approval may support H-1B extensions beyond the six-year limit;
• Your NIW I-140 approval may support H-4 work authorization for your spouse;
• Your NIW I-140 approval allows transfer of your priority date to a future I-140 petition in another category.

Yes. Premium processing is available for NIW I-140 petitions, although it may not be necessary in all cases.

Yes. Your spouse and children under age 21 may also file I-485 Adjustment of Status Applications once your EB-2 priority date is current and receive their own green cards.

I-140 Filing Fee: $1,015

I-485 Filing Fee (Principal Applicant): $1,440

I-485 Filing Fee (Dependent Spouse and/or Child over 14): $1,440 each

I-485 Filing Fee (Dependent Child under 14): $950 each

NIW I-140 Attorney Fee: $8,000

NIW for Researchers: $8,000 (12-month payment plans)

NIW for Non-Researchers: $24,000 (16-month payment plans)

I-485 Attorney Fee: $2,750 (add $2,000 for each dependent spouse or child)*

*Attorney fees adjust to $2,250 (principal) and $1,500 (each dependent) if retained for I-140 services.

These attorney fees are flat fees covering all legal services provided in support of your NIW Green Card application.

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