Can I self petition for EB2-NIW?

You can be your own sponsor for EB2 NIW

You can self-petition for an EB-2 National Interest Waiver (NIW) visa under certain circumstances. The EB-2 NIW category allows individuals with exceptional abilities in their field to apply for a waiver of the job offer and labor certification requirements if their work is deemed to be in the national interest of the United States.

To qualify for a self-petition under the EB-2 NIW category, you generally need to demonstrate:

• Advanced Degree: You must have a Master's or a PhD, JD, MD, etc. A four year's bachelor's degree plus five years of progressive work experience would also qualify.

• Exceptional Ability: You must possess exceptional ability in your field, which means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, education, business, or athletics.

• National Interest: You need to establish that your work has substantial intrinsic merit and will benefit the United States to a greater extent than the work of others in your field.

• Benefit to the United States: You should prove how your work directly benefits the United States as a whole, not just your individual or personal accomplishments.

• Waiver of Job Offer and Labor Certification: You must request a waiver of the job offer and labor certification requirements, showing that it is in the national interest for you to self-petition.

Steps to apply for EB2-NIW by yourself

1. Determine Eligibility: The first step is to always ensure that you meet the eligibility criteria for the EB-2 NIW category, including possessing exceptional ability in your field and being able to demonstrate that your work is in the national interest of the United States.

2. Gather Documentation: Next, you should collect and organize all necessary documentation to support your EB-2 NIW petition. This may include evidence of your exceptional ability, documentation of your work, educational qualifications, publications, awards, and other relevant materials.

3. Prepare Form I-140, Immigrant Petition for Alien Worker: Complete and submit Form I-140, along with the required supporting documentation, to the United States Citizenship and Immigration Services( USCIS). This form is used to petition for your immigration as an alien worker in the EB-2 NIW category.

4. Draft a National Interest Statement: Prepare a comprehensive statement explaining how your work benefits the United States and qualifies for a national interest waiver. This statement should highlight the significance of your contributions and their impact on the country.

5. Obtain Letters of Recommendation: Obtain letters of recommendation from experts in your field attesting to your exceptional ability and the importance of your work in the national interest.

6. File Your Petition: Submit your completed Form I-140, along with all supporting documents, the national interest statement, and the letters of recommendation, to the USCIS. Pay the required filing fee of $700.

1. Form I-485, Application to Register Permanent Residence or Adjust Status (if within the US): If you are in the U.S. and eligible to adjust status to a permanent resident, you can file Form I-485 along with your Form I-140 or concurrently if visa numbers are available.

2. Consular Processing (if abroad): If you are outside the U.S., you will go through consular processing after your Form I-140 is approved. This involves applying for an immigrant visa at a U.S. consulate or embassy.

7. The waiting game: The USCIS will review your petition and supporting documents. They may request additional evidence or clarification if needed. If the visa bulletin indicates that visa numbers are available for your preference category and priority date, you can move forward in the process.

8. Adjustment of Status or Visa Issuance: Once a visa number becomes available, either through adjustment of status or consular processing, you can apply for permanent resident status (green card).

How can Xu Law Group help?

To ensure a smooth process, it's vital to compile all essential documents and maintain open communication with your immigration attorney. Generally, applicants collaborate with their sponsoring employer or agent to initiate the EB2-NIW visa application. Attorneys aid in securing recommendation letters from notable figures in the field. 

Contact Xu Law Group today for your EB2-NIW visa. Our team will provide legal assistance and guidance throughout the entire process. We know that this isn’t an easy journey and can be emotionally taxing, but we’re here to help you to achieve success. We believe in building a strong foundation with our clients to ensure that you will get your EB2-NIW visa, and it all starts with trust.