To qualify for the EB-2 green card category, the foreign national must meet at least one of the following:
An advanced degree is generally understood to be a doctoral (Ph.D.) or master’s degree.
In order to show exceptional ability, the foreign national must meet at least 3 of the 7 criteria below:
To qualify for a national interest waiver, the foreign national must meet each of the following three requirements:
On average, it takes 8 – 16 weeks for Bay Immigration Law to prepare an EB-2 NIW case to file with United States Citizenship and Immigration Services.
Depending on the particulars of your background and situation and your near and long-term intentions, the process is generally as follows:
We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed.
We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.
We will work with you to frame the ways that you meet the specific criteria to this petition category, including pursuing testimonials and other potential evidence of your accomplishments and recognition you have received for them.
We will prepare your forms, letter of support, and evidence to create a complete case packet to be submitted to USCIS. Once everything is complete, we finalize the case packet and ship it to USCIS for processing.
Yes, one of the main advantages of the EB-2 NIW petition category is that you do not need an employer to sponsor your petition.
You do not need to be currently employed to file an EB-2 NIW petition, though being employed in your field of stated exceptional ability helps with showing that you are in a “position to advance the proposed endeavor.”