Recent Updates
The EB2 NIW visa allows individuals with advanced degrees or exceptional abilities to obtain a US green card without a job offer or employer sponsorship. Recent updates, particularly in processing times and guidance, are being incorporated into the application process.
Successful applicants demonstrate how their work benefits the US, and the USCIS (US Citizenship and Immigration Services) uses a three-prong test, the “Matter of Dhanasar” framework, to assess their eligibility.
Key Aspects of the EB2 NIW Visa
1. Eligibility:
Individuals must meet the requirements of either the EB-2 visa (advanced degree or exceptional ability) and also demonstrate that their work is in the national interest.
2. No Job Offer or Employer Sponsorship:
Unlike other employment-based visas, the EB-2 NIW allows self-petitioning, making it a more straightforward path to permanent residency.
3. “Matter of Dhanasar” Framework:
USCIS uses this framework to evaluate EB-2 NIW petitions, focusing on the proposed endeavor, the applicant’s ability to execute it, and the benefit to the US.
4. Demonstrating Benefit to the US:
Applicants must convincingly show how their work contributes to the US economy, environment, science, technology, or the public good.
5. Processing Times:
While processing times can vary, the average is between 10 and 20 months. Deel Immigration notes that they have a high approval rate (over 98%) and can help expedite the application process.
6. Recent Updates:
USCIS continues to update its guidance and processing procedures, so staying informed about the latest changes is crucial for applicants.
According to this USCIS article update, “the new guidance explains how, for advanced degree professionals seeking an NIW, we consider whether the occupation in which the petitioner proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of post-bachelor’s experience is in the specialty.”
“The guidance also addresses how, for persons of exceptional ability seeking an NIW, that exceptional ability must relate to the endeavor proposed as part of the NIW request.”
“We determine the relationship of exceptional ability to the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.”
“In addition, this new guidance provides information about how we evaluate whether a proposed endeavor has national importance and explains how we evaluate evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.”
Read more… How to Speed Up Your EB2 NIW Processing Time
