Experienced EB-2 NIW Lawyers

The standard EB-2 visa process requires a Labor Certification, which can take 15 months to 3 years. This involves proving no qualified U.S. workers are available for the job. Alternatively, the National Interest Waiver (NIW) allows individuals to bypass this requirement if it’s in the US’s best interest. 

With a NIW, individuals can self-petition, waiving job offer and Labor Certification requirements. While NIW approvals can be more challenging, working with an experienced attorney can improve the chances of a favorable outcome. 

The USCIS Administrative Appeals Office ruling in Matter of Dhanasar (2016) established a three-prong test for EB-2 National Interest Waiver (NIW) eligibility. Petitioners must demonstrate that: (1) the proposed endeavor has substantial merit and national importance, (2) they are well-positioned to advance the endeavor, and (3) waiving job offer and labor certification requirements would benefit the U.S. The ruling also outlines factors USCIS considers for each prong. Petitioners must also meet EB-2 visa requirements, in that they hold an advanced degree or demonstrate exceptional ability.

Pursuing NIW offers a significant advantage over employer-sponsored permanent residence: control. NIW allows for self-petitioning, meaning that you are not reliant on your employer, which provides independence and stability. If your employer experiences financial difficulties or terminates your employment, your NIW application remains unaffected. This autonomy becomes increasingly important as the application process can be lengthy.  

The EB-2 NIW process is complex and highly detailed. Success depends not only on meeting eligibility criteria but also on presenting a well-documented, persuasive petition that demonstrates your qualifications.  

At Colombo & Hurd, our EB-2 NIW attorneys bring deep knowledge of immigration law and extensive experience handling these visas. We provide the strategic guidance needed to avoid common pitfalls and maximize your chances of approval. 

When selecting an EB-2 NIW lawyer, it’s important to choose a team with extensive experience, a proven track record, and a deep understanding of immigration law. 

Choosing the right law firm can make a meaningful difference. At Colombo & Hurd, we specialize in EB-2 NIW visas and have secured over 2,000 EB-2 NIW approvals since 2023. Our lawyers offer personalized guidance, guiding you through eligibility criteria, petition preparation, and common issues. 

Because every situation is unique, we recommend speaking with our team to receive a personalized profile evaluation. Contact us to discuss the specifics of your case and learn more about how we can help you take the first step in your immigration journey.