EB-2 NIW Visa:
Complete Guide for 2025

What is an EB-2 National Interest Waiver?

The EB-2 National Interest Waiver (NIW) is a U.S. green card pathway for highly skilled professionals whose work benefits the United States on a national level. Unlike most employment-based visas, you can self-petition without needing a U.S. employer sponsor or labor certification.

This visa is designed for individuals with advanced degrees or exceptional ability in their field. If your contributions help address critical challenges or create significant opportunities that benefit the U.S., you may qualify.

Quick Facts:

• Self-petition (no employer needed)
• No labor certification required
• Available to advanced degree holders or those with exceptional ability
• Processing times vary; premium processing available for I-140 petition (45 business days)

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What Are the Benefits of the EB-2 NIW?

The EB-2 NIW offers several advantages that distinguish it from other employment-based green card categories.

1. Independence from Employer Sponsorship

Most employment-based green cards require a U.S. employer to file on your behalf. The EB-2 NIW removes this requirement. You can apply independently without needing a job offer or employer backing.

This independence is especially valuable if you wish to move between employers, pursue opportunities in other industries, or establish your own business in the United States. You’re not constrained by organizations unwilling to sponsor foreign talent.

While employer sponsorship isn’t required, having U.S. employment, partnerships, or collaborations can strengthen your case. These affiliations add credibility to your petition.

2. No PERM Labor Certification

Most employment-based green card categories require PERM labor certification. This process forces a U.S. employer to demonstrate to the Department of Labor that no qualified U.S. worker is available for the role.

The EB-2 NIW waives this requirement. You can file directly with USCIS if you demonstrate that your work benefits the United States.

3. Potentially Faster Processing

Although every immigration case depends on visa availability, processing backlogs, and case-specific factors, the EB-2 NIW can result in a faster path to a green card. Without labor certification and employer involvement, you can begin the process independently and move more efficiently from petition to permanent residency.

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Who Qualifies for the EB-2 NIW?

To qualify for the EB-2 NIW, you must meet one of two thresholds:

Advanced Degree

Requirement	What You Need
U.S. Master’s Degree or Higher	Academic documents plus credential evaluation if earned outside the U.S.
U.S. Bachelor’s Degree + Experience	Academic documents, credential evaluation, plus employer letters documenting at least 5 years of progressive, post-graduation experience in your field

Employer letters should specify your position, start and end dates, weekly hours, and job duties.

If you don’t meet these requirements, you may be eligible based on exceptional ability.

Exceptional Ability

If you don’t have an advanced degree, you can qualify based on exceptional ability. You must meet at least three of these six criteria:

Criteria	What It Demonstrates
Degree, diploma, or certification in the field	Formal education or specialized training in your expertise area
At least 10 years of full-time professional experience	Sustained career trajectory and proven high-level performance
Professional license or certification	Official authorization to practice in fields like medicine, engineering, law, or accounting
Evidence of high salary or compensation	Skills valued above market standard (provide pay stubs, contracts, and industry salary data)
Membership in a professional association	Recognition by peers and professional standing
Recognition for achievements or contributions	Awards, honors, published material about your work, or formal recognition

Meeting the advanced degree or exceptional ability threshold is just the first step. To receive the waiver, you must prove your work is of national interest, allowing you to self-petition without an employer or labor certification.

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EB-2 NIW Requirements: The 3-Prong Test

After determining that you meet initial eligibility requirements, USCIS evaluates your National Interest Waiver using criteria established in Matter of Dhanasar, a 2016 precedent decision. Your petition must satisfy a three-prong test:

Prong	What You Must Prove	Key Evidence
Prong 1: Substantial Merit & National Importance	Your proposed endeavor has substantial merit and national importance	U.S. government sources, research institutions, professional organizations showing alignment with national priorities
Prong 2: Well-Positioned to Advance the Work	You have the skills, qualifications, and track record to succeed	Degrees, publications, patents, recognition, prior achievements, progress already made
Prong 3: Waiver Benefits the U.S.	It benefits the U.S. to waive the job offer and labor certification requirements	Demonstration that requiring standard process would delay urgent national needs

Prong 1: Substantial Merit & National Importance

You must present a proposed endeavor in the United States consistent with your professional experience. This endeavor doesn’t need to fall within a predefined list of industries. Its value is assessed based on its specific merits.

It must demonstrate substantial benefit in addressing existing challenges or creating new opportunities. It must hold significance at a national level, beyond limited or purely local impact.

You should describe:

1. The nature of the proposed work (what will you do?)
2. The problem it seeks to address (who will you help, or what issue will you solve?)
3. The methods or strategies to be employed (how will you implement it?)
4. The anticipated outcomes or benefits for the U.S. (how it will contribute to the U.S. economy, society, or policy interests)

At Colombo & Hurd, we recognize that you are the expert in your field. You must present the substance of your ideas and explain your work in detail. We need to understand everything you do and how you’re making a difference.

No matter your profession or the nature of your work, you are making a difference. Many clients initially underestimate their own value. Part of our job is helping you identify and highlight it.

While you bring the expertise and vision, our role is guiding you through the process. We’ll assist you in structuring your arguments, refining the presentation of your proposed endeavor, and building a comprehensive plan that clearly demonstrates its substantial merit and national importance.

Prong 2: Well-Positioned to Advance the Work

You must show you have the skills, qualifications, and track record to carry the work forward. Evidence may include degrees, publications, patents, recognition, prior achievements, and progress already made toward the endeavor.

For this prong, testimonial letters play a crucial role. Letters from independent sources—such as colleagues or professionals familiar with your work but who haven’t directly collaborated with you—are particularly valuable. They provide objective confirmation of your accomplishments and capabilities.

These letters should not focus on your general responsibilities or daily duties. Instead, they should highlight the specific impact of your work. Describe a concrete project you led or a significant challenge you helped resolve. Explain the context, the methodologies or solutions you implemented, and the results achieved.

The good news is that we’ll guide you through this process. While we need you to provide the details and substance for the letters, we’ll draft them in a way that highlights your achievements and clearly connects them to your proposed endeavor.

Testimony in these letters can be reinforced by tangible evidence of your work product. This may include reports delivered to companies or organizations that benefited from your contributions, photographs of completed or implemented projects, or media coverage highlighting the outcomes and significance of your work.

Equally important is evidence demonstrating the progress you’ve already made toward your proposed endeavor. This shows USCIS that your plans are concrete and achievable. Strong examples include:

• Documentation of company registration or establishment if you plan to work through a company
• Signed contracts, agreements, or letters of intent from potential partners or collaborators
• Proof of work already underway, such as software design drafts, technical calculations, prototypes, or other project deliverables

Another element that can strengthen your case is evidence of financial feasibility. While this isn’t listed as a requirement in the USCIS Policy Manual, officers increasingly request this information through RFEs. To stay ahead, provide financial evidence proactively, including a calculation of anticipated startup costs.

This evidence may include personal savings reflected in bank statements, trust funds, or the valuation of real estate or other assets. Presenting this documentation helps demonstrate that your endeavor is not only valuable and aligned with U.S. interests, but also practical and economically sustainable.

Prong 3: Waiver Benefits the U.S.

This analysis weighs the benefits of your contributions against the goals of the labor certification system. If your work addresses a pressing national challenge—like developing advanced cancer detection technologies, improving cybersecurity infrastructure, or designing affordable housing that resists hurricanes—then requiring you to wait until an employer sponsors you would likely delay solutions the U.S. urgently needs.

Consider a researcher creating software to detect cyberattacks before they cause damage. If this researcher had to wait until a company filed a labor certification, it could take years. Meanwhile, cyberattacks continue to rise, and the U.S. remains vulnerable. By granting a National Interest Waiver, USCIS ensures the researcher can immediately begin collaborating with U.S. institutions to deploy their technology.

Another example could be an engineer developing hurricane-resistant housing systems. The U.S. faces billions of dollars in damage and loss of life every year from extreme weather events. If this engineer already has the designs, calculations, and partnerships in place, it makes little sense to delay their work by forcing them through the employer-sponsored process.

Prong 3 recognizes that while protecting the U.S. labor market is important, there are cases where the national benefits of someone’s contributions far outweigh the need for a job offer and labor certification. Your petition must clearly show why this is true in your case.

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Which Professions Qualify for EB-2 NIW?

The EB-2 NIW focuses on the value of your contributions to the United States, making it accessible to professionals across diverse fields. Our firm has successfully represented clients from varied backgrounds, including healthcare specialists, scientists, engineers, pilots, accountants, and talent recruiters. Here are some examples:

Healthcare Professionals

Doctors, nurses, public health specialists, and medical researchers often qualify due to their direct impact on U.S. healthcare systems. Whether advancing treatments or addressing care shortages, healthcare professionals can demonstrate strong national interest.

We recently helped a Colombian PhD in Nursing specializing in rare diseases secure approval. Her work will contribute to earlier detection, improved care, and stronger support for individuals affected by such conditions in the United States.

Attorney Nizar Kafrouni explains: “Unlike other visa options, the EB-2 NIW removes barriers such as US licensing and employer sponsorship. It allows highly skilled professionals to focus on nationally important work in healthcare policy reform, scientific research, and public health initiatives.”

Scientists and Researchers

From biotechnology to physics, scientists and researchers are at the forefront of innovation. Their work often aligns with U.S. priorities like public health, renewable energy, and technology.

Attorney Sal Picataggio highlights the case of an Argentine PhD in Social Sciences whose research focuses on combating obesity in the United States. By integrating interdisciplinary methods from nutrition, collective health, anthropology, and geography, she develops peer-reviewed publications and impactful research projects that strengthen scientific and technological contributions available to both public and private organizations.

Technology Professionals

Specialists in artificial intelligence, data science, and cybersecurity are critical to the global competitiveness and security of the U.S. Recent executive orders create new EB-2 NIW opportunities for emerging technology professionals.

Mr. Picataggio shares the case of a cybersecurity expert whose petition was approved based on his mission to strengthen U.S. small and medium-sized businesses’ cybersecurity efforts. By introducing practices aimed at reducing the risk of data breaches and operational disruptions, he helps promote compliance, resilience, and long-term business continuity.

Educators and Professors

Professors, researchers, and STEM educators contribute to the nation’s educational excellence and workforce development. Demonstrating how your teaching or research advances U.S. knowledge can strengthen an EB-2 NIW petition.

We assisted a professional in Neuropsychology and Education whose proposed endeavor was to enrich the U.S. school curriculum for pre-kindergarten students with special needs by creating specialized music programs that enhance educators’ skills and promote inclusivity.

Entrepreneurs and Business Leaders

Entrepreneurs and startup leaders can qualify if their ventures contribute to U.S. economic growth, job creation, or innovation. Many petitions are strengthened by showing business traction, investment, or strategic partnerships. Cases where supporting SMEs was crucial to approval demonstrate this pathway.

Attorney Allison McVey worked with a client who developed a framework to strengthen SMEs by stabilizing foundations, refining business fundamentals, and aligning leadership. “What stood out was both the incredible growth numbers she achieved and the consistency of her nearly two decades of leadership. I knew those qualities made her a strong candidate for the EB-2 NIW,” said Ms. McVey.

Engineers

Civil, mechanical, environmental, and architectural engineers often address infrastructure, sustainability, and development needs critical to the U.S. Their technical expertise and applied projects can establish national importance.

Attorney Paul Messina highlights the case of a PhD in Structural Engineering who launched an endeavor to protect U.S. infrastructure against seismic events. By developing and applying advanced methodologies for structural analysis, his innovative approach is expected to improve building safety across the country.

Finance and Business Strategy Professionals

Experts in business strategy, consulting, and economic development can qualify by demonstrating measurable contributions to U.S. growth, stability, and efficiency. Recent policy shifts have created new EB-2 NIW opportunities for finance professionals.

Attorney Aaron Labreque notes: “In a recently approved petition, one of our clients developed a financial education program for low- and middle-income Hispanic communities, demonstrating that social impact endeavors can drive meaningful economic change and are therefore in the national interest of the United States.”

Energy Professionals

Recent executive orders are creating new opportunities for energy professionals, particularly those in the oil and gas industry, to contribute to America’s economic growth and energy security.

Attorney Nizar Kafrouni highlights the case of a client with a Master’s in Manufacturing Engineering Technology whose petition was approved based on his innovative approach: 3D-printed water turbines for alternative energy generation, specifically targeting underserved rural and small communities. His project’s potential to enhance grid reliability and promote sustainable power solutions aligns directly with U.S. national interest.

Attorney Mandy Nease, a former USCIS Officer with 13 years of adjudication experience, shares insights into what adjudicators look for in EB-2 NIW petitions. She explains how the EB-2 NIW provides an alternative to employer sponsorship and addresses common misconceptions, including the idea that only PhDs are eligible.

While there is no fixed list of eligible professions, the EB-2 NIW is about demonstrating impact, merit, and national importance. If your work drives innovation, strengthens the economy, or addresses critical U.S. priorities, you may be an excellent candidate.

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How to Apply for an EB-2 NIW?

The EB-2 NIW application process involves five stages of careful preparation and attention to detail. You’ll begin by gathering evidence, file Form I-140 with USCIS, undergo review, and if approved, apply for your green card through Adjustment of Status or Consular Processing.

Step 1: Gather Evidence

This is the foundation of your petition. You need to collect documents that show your expertise and the national importance of your work.

Evidence for Advanced Degree/Exceptional Ability:

To begin, you must demonstrate eligibility for the EB-2 NIW classification. Gather academic documents, credential evaluations, employer letters documenting experience, or evidence meeting at least three of the six exceptional ability criteria.

Evidence for the Three-Prong Test:

Prong 1 – Substantial Merit and National Importance: We’ll work closely with you to gather objective evidence from reputable sources—such as U.S. government agencies, research institutions, and distinguished organizations in your field. While our team will guide and structure the presentation of this evidence, your expertise and assessment will be essential to identify the most relevant sources and highlight how your work directly addresses the challenges and needs of the United States.

Prong 2 – Well Positioned to Advance the Endeavor: You must demonstrate that you’re well positioned to succeed in carrying out your proposed endeavor. To build this argument, we’ll work with you to collect:

• Published research, patents, or media coverage authored by you or featuring your work
• Letters of recommendation attesting to your past achievements and impact. Independent recommendation letters from experts who haven’t directly collaborated with you carry special weight
• Objective documentation supporting the letters, such as reports delivered to institutions, project documentation, or third-party recognition
• Evidence of measurable impact, such as data demonstrating cost savings, healthcare improvements, or advances in technology
• Proof of progress toward your endeavor, including early-stage deliverables (e.g., software prototypes, research drafts, technical calculations), pilot projects, collaborations, or company registration
• Evidence of financial or resource support demonstrating your endeavor is financially viable, such as bank statements, credit reports, real estate appraisals, investment statements, or letters confirming funding

Important note: If you're considering applying for this visa, don't be discouraged if you feel you lack some of the evidence mentioned above. Each case is unique, and what matters most is how we strategically present your accomplishments and potential. Often, applicants initially think they have limited supporting evidence, but as we review your experience and achievements in detail, we're able to identify concrete examples that clearly demonstrate your track record of success.

Prong 3 – Waiver of the Labor Certification Requirement: Using the evidence collected for Prongs 1 and 2, you’ll argue that requiring a labor certification would not be in the national interest, and that your direct contributions are of greater immediate value to the United States.

Step 2: File Form I-140 (Immigrant Petition for Alien Worker)

Form I-140 is the main petition for the EB-2 NIW. Unlike other green card categories, you can file this petition on your own—no employer sponsor is required.

To complete this step, we’ll assist you to:

1. Complete Form I-140
2. Attach all supporting evidence
3. Pay the required filing fee of $1,015 ($715 general filing fee + $300 Asylum Program fee)

Premium processing is available for an additional $2,805, which results in a decision within 45 business days. However, premium processing is not generally recommended except in specific circumstances that should be discussed with your attorney. It only accelerates the I-140 review—it does not change your priority date or visa availability. Many applicants mistakenly assume it will speed up the entire green card process, but without a current priority date, their case cannot move forward. Premium processing may also increase the likelihood of an RFE.

Attorney Mandy Nease explains:

“Tailored petitions that highlight the specific contributions and potential of applicants can significantly increase their chances of approval.”

Step 3: USCIS Review

USCIS reviews your petition after filing. After review, USCIS will either issue a decision or request additional information.

If the Officer determines that the evidence provided is insufficient, you’ll receive a Request for Evidence (RFE). This notice will specify the additional documentation or clarifications required and provide a deadline for your response.

If your petition receives an RFE, you’ll work with our dedicated RFE department. A new specialized team—consisting of an attorney and an analyst—will be assigned to your case. This team will carefully review the Officer’s requests and develop a strategic, tailored response to maximize the likelihood of approval.

Step 4: If Approved, Apply for Green Card

If your EB-2 NIW petition is approved, the next step depends on green card availability, which is determined by the Visa Bulletin and your I-140 priority date (the date your petition was filed).

Important: In 2025, visa availability has become a significant factor. The EB-2 category has retrogressed for all countries due to high demand. Even with I-140 approval, you cannot proceed until your priority date becomes current in the Visa Bulletin. For some countries, particularly India and China, this wait can extend several years or more.

Once your priority date becomes current in the Visa Bulletin, you can proceed through one of two paths:

• Adjustment of Status (Form I-485): For petitioners already in the U.S. Processing typically takes 6-8 months, though delays up to 12+ months can occur. This requires medical exams, financial proof, travel records, and other supporting documents. USCIS will schedule biometrics and possibly an interview.
  
• Consular Processing (Form DS-260): For petitioners outside the U.S. Interviews and visa issuance usually take 4-12 months, depending on embassy workload. This involves submitting civil documents (like birth and police records), undergoing a medical exam, and attending an interview at a U.S. consulate or embassy.

Our firm’s dedicated Immigration Visa department will guide you step by step through this second stage, from document preparation to interview strategy, ensuring a smooth process until you relocate to the United States and receive your green card.

Step 5: Receive Your Green Card

If approved through Adjustment of Status, you’ll receive your EB-2 NIW green card in the mail, officially granting you U.S. permanent resident status.

If you go through Consular Processing, your EB-2 NIW immigrant visa will be printed on your passport. You’ll have six months to enter the United States using that visa. After arriving in the U.S., your green card will be mailed to your address.

Application Fees (as of 2025)

Before beginning the EB-2 NIW process, understand the government filing fees involved. These fees cover the cost of submitting petitions and applications to USCIS. USCIS fees are subject to change, so always confirm the latest amounts on the USCIS Fee Schedule.

Category	Fee
Form I-140 (Immigrant Petition for Alien Worker)	$1,015 ($715 + $300 Asylum Program fee)
Premium Processing (optional)	$2,805

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2025 Policy Changes: What’s Different Now?

Under the Trump administration, Requests for Evidence (RFEs) in employment-based petitions, particularly EB-2 NIW cases, became more frequent and demanding. Understanding these trends helps you prepare a stronger petition from the start.

Increased RFE Rates

USCIS has applied greater scrutiny to the “national importance” requirement. Officers often require detailed documentation that proves not only the significance of your proposed work but also how it produces measurable, national-level benefits in the United States. Officers also examine whether your methods and approaches differ from existing practices in the U.S., which raises the evidentiary burden.

Higher Evidence Standards

The quality and consistency of RFEs have declined. Many notices include illogical or redundant requests, such as asking for documents already provided, or applying requirements from unrelated visa categories. Increasingly, USCIS has challenged the equivalency of foreign educational credentials and demanded more “independent, documentary evidence” to corroborate letters of recommendation.

Our Partner, Sal Picataggio, explains:

“Evidence of your past work and accomplishments is crucial to confirm the ties between your experience and your endeavor, and how you will benefit the United States. Testimonial letters, recognitions or awards, and publications about your work are excellent on this point. Any evidence that shows the progress you have made toward implementing your endeavor will also demonstrate to the officer both the likelihood of success and the impact you can make in the U.S.”

What This Means for Your Application

These changes highlight the importance of anticipating weaknesses in a petition rather than waiting for an RFE. Strong NIW strategies now require submitting comprehensive evidence at the outset, including:

• Quantifiable outcomes of past work
• Documentation of adoption or implementation of contributions
• Concrete proof of U.S. relevance

Letters of recommendation remain valuable, but they’re most persuasive when reinforced by objective materials such as contracts, citations, reports, or institutional adoption.

Despite the increased scrutiny, NIW petitions continue to be approved. Many of the inconsistencies in RFE quality appear tied to staffing and training issues at USCIS. As adjudicators gain experience, greater consistency may return.

For now, the lesson for NIW applicants is clear: provide extensive, corroborated evidence of both past success and future national benefit, demonstrate exactly how the work fills a gap or advances U.S. priorities, and rely on both strategic preparation and adaptability to navigate evolving adjudication standards.

USCIS’ closer scrutiny and processing delays make it important to prepare petitions that are well-documented and carefully organized from the beginning. You should expect longer timelines and plan accordingly.

“Our team works alongside you to ensure all available evidence supports your petition. If some pieces of evidence relate to past work similar to your proposed endeavor, include them. But if they are unrelated, it’s better to leave them aside,” says Mr. Picataggio.

At Colombo & Hurd, we believe that strong cases, backed by strategic preparation, can still win approvals in record time in 2025. Immigration Attorneys Carlos Colombo and Rachel Slomski address the most common challenges petitioners encounter when pursuing an EB-2 National Interest Waiver. They outline frequent mistakes, share strategies for strengthening petitions, and offer their perspectives on the future of EB-2 NIWs in 2025.

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FAQs about the EB-2 NIW

How long does the EB-2 NIW process take?

Processing times for EB-2 NIW cases vary based on several factors, including the USCIS service center handling your case, current processing volumes, and whether you use premium processing.

I-140 Processing Times (2025)

Recent USCIS data shows that 80% of EB-2 NIW cases have been completed within:

• Texas Service Center: Approximately 14.5 months
• Nebraska Service Center: Approximately 19 months

However, these figures describe past completions. In 2025, expect longer timelines due to:

• USCIS workforce reductions (nearly 50 staff eliminated in February 2025)
• Record-high backlogs (11.3 million pending cases, an 18% year-over-year increase)
• Operational disruptions at service centers

Realistic expectation for 2025: Plan for I-140 processing to take 2+ years under standard processing.

Premium processing: Available for an additional $2,805 fee, reducing I-140 review to 45 business days. However, premium processing only accelerates the I-140 review—it does not change your priority date or visa availability. It should only be used in specific circumstances, best determined in consultation with your attorney.

After I-140 Approval

Once your I-140 is approved, your timeline depends on visa availability (determined by the Visa Bulletin and your priority date):

• Adjustment of Status (if in the U.S.): Typically 6-8 months, though delays up to 12+ months can occur
• Consular Processing (if abroad): Usually 4-12 months, depending on embassy workload

Critical factor—Visa Bulletin delays: In 2025, the EB-2 category has retrogressed for all countries due to high demand. Even with a fast I-140 approval, you cannot receive a green card until your priority date becomes current in the Visa Bulletin. For applicants from India and China, wait times can stretch several years or more than a decade. Applicants from other countries are now also experiencing multi-year delays.

Total realistic timeline

Most applicants should prepare for a multi-year process from filing to receiving their green card, particularly if filing in 2025. Check current processing times on the USCIS website for the most up-to-date information.

Can I apply if I’m outside the U.S.?

Yes. You can file your EB-2 NIW petition from anywhere in the world. If approved and your priority date is current, you’ll go through Consular Processing at a U.S. embassy or consulate in your home country to receive your immigrant visa.

Can I include my family in my EB-2 NIW application?

Yes. Your spouse and unmarried children under 21 can apply with you as dependents. Once your petition is approved, they can also become permanent residents and enjoy the same benefits as you.

However, timing is crucial. The rules governing this fall under the Child Status Protection Act (CSPA). As a general rule, a child typically loses eligibility as a derivative beneficiary once they turn 21.

Your I-140 petition must be received by USCIS before your child turns 21, and they must remain unmarried throughout the entire green card process. Your child’s adjusted age (actual age minus the time the I-140 was pending) must be under 21 when an immigrant visa becomes available. Your child must apply for permanent residence within one year of a visa becoming available.

Because of current visa retrogression and backlogs, this protection is not guaranteed in all cases. We strongly encourage petitioners to file as soon as possible if dependent children are close to turning 21.

Can I change jobs after filing for EB-2 NIW?

Yes. With EB-2 NIW, you’re not tied to one employer. The EB-2 NIW gives you the flexibility to change jobs, start a company, or pursue new opportunities, as long as your work stays aligned with the field and continues to benefit the U.S.

What happens if USCIS asks for more evidence (RFE)?

First, don’t panic—RFEs are common. It simply means USCIS wants additional proof before making a decision. With a well-prepared response, many RFEs are successfully overcome and lead to approval.

If you receive an RFE, you’ll work with our dedicated RFE department. A new specialized team—consisting of an attorney and an analyst—will be assigned to your case. This team will carefully review the Officer’s requests, analyze the reasoning behind them, and prepare the best strategy to respond with persuasive, well-documented evidence.

What if my EB-2 NIW is denied?

A denial doesn’t mean the end of the road—it simply means a different strategy may be required. Depending on the circumstances, you may:

• File a motion to reopen or reconsider if USCIS overlooked or misapplied the evidence or law
• Reapply with stronger evidence, addressing the issues raised in the denial
• Explore alternative visa options, such as the EB-1A, O-1, or an employer-sponsored visa

If this happens, our legal team will carefully evaluate your case to determine the best course of action tailored to your specific situation. We’ll guide you on whether it makes more sense to challenge the decision, strengthen and refile the petition, or pursue a different immigration pathway.

Does the EB-2 NIW lead to U.S. citizenship?

Yes, eventually. First, you’ll receive a green card through your EB-2 NIW petition. After holding permanent residency for 5 years (or 3 years if married to a U.S. citizen), you may apply for naturalization.

To qualify for U.S. citizenship, you must also meet these requirements:

• Continuous residence: Live in the U.S. as a green card holder for at least 5 years (3 if married to a U.S. citizen)
• Physical presence: Be physically present in the U.S. for at least half of that period
• Good moral character: Demonstrate good moral character, including compliance with U.S. laws and tax obligations
• English language and civics test: Show basic proficiency in reading, writing, and speaking English, and pass a civics test covering U.S. history and government (some exceptions apply based on age and length of residency)
• Attachment to the Constitution: Show commitment to the principles of the U.S. Constitution

Once these requirements are met and your application is approved, you’ll take the Oath of Allegiance and officially become a U.S. citizen.

Can I apply while on another visa (like H-1B or F-1)?

Yes. Many petitioners start while on student visas, work visas, or even temporary stays. You can continue to maintain your current visa status while applying, and later transition to a green card through Adjustment of Status or Consular Processing.

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Ready to Start Your EB-2 NIW Journey?

If your work drives innovation, strengthens the economy, or addresses critical U.S. priorities, you may be an excellent candidate for the EB-2 National Interest Waiver.

At Colombo & Hurd, we’ve helped thousands of exceptional professionals from over 100 countries achieve their American dreams. Our founding partners are immigrants themselves, which means we understand your journey on a deeply personal level.

Schedule your confidential consultation today to discuss your qualifications and explore how the EB-2 NIW can help you take control of your immigration future.

Your journey to permanent residence begins with a single conversation. Let’s start that conversation today.