EB-2 NIW Visa Legal Services

If you are a highly skilled professional or possess an advanced degree and want to contribute to the national interest of the United States, the EB-2 National Interest Waiver (NIW) visa may be the right path for you. At FN Immigration, we help professionals, researchers, and entrepreneurs secure lawful permanent residency through this unique self-petition process—without requiring a job offer or labor certification.

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What Is an EB-2 NIW Visa?

The EB-2 NIW visa is part of the employment-based second preference category for individuals who either hold an advanced degree or demonstrate exceptional ability. With a National Interest Waiver, applicants can bypass the labor certification process and sponsor themselves for a green card if their proposed work is of substantial merit and national importance.

Applicants must file Form I-140, and if applying from within the U.S., they can later file Form I-485 to adjust status. If applying from abroad, consular processing will be required.

EB-2 NIW Eligibility Criteria

To qualify for the EB-2 NIW, applicants must meet the following:

  1. Have an Advanced Degree or Exceptional Ability:

    • A master’s degree (or equivalent), or a bachelor’s degree with 5 years of post-graduate work experience.

    • OR, demonstrate exceptional ability through evidence such as a professional license, 10 years of experience, or recognition in your field.

  2. Satisfy the NIW Three-Prong Test:

    • Your work has substantial merit and national importance.

    • You are well-positioned to carry out the proposed endeavor.

    • On balance, it is in the national interest to waive the job offer and labor certification requirement.

Applicants may work in fields like health care, science, technology, education, or business. The endeavor doesn’t have to impact the entire U.S.—a significant contribution to a local economy may still qualify.

Building a Strong EB-2 NIW Case

Our office helps applicants gather and present a compelling set of documents that demonstrate both their qualifications and the national importance of their work. This may include:

  • Academic records and diplomas

  • Letters from experts in the field

  • Published research or news articles

  • Business plans, contracts, or letters of intent

  • Proof of funding, awards, or patents

  • Evidence of real-world impact or stakeholder interest

At FN Immigration, we ensure your petition not only checks the boxes but builds a persuasive narrative around your unique contribution.

How Long Does It Take?

EB-2 NIW processing times can vary:

  • Form I-140 processing: 10.5 to 26.5 months.

  • Form I-485 (adjustment of status): often more than 2 years.

  • Consular processing (if outside the U.S.): typically 4–6 months after I-140 approval.

We stay on top of changing timelines and immigration policy to give you accurate guidance and strategic filing support.

Start Your EB-2 NIW Journey with Confidence

If you believe your skills, research, or business can contribute to the U.S. on a national level, FN Immigration in Oakland can help you pursue an EB-2 NIW visa with clarity and precision. Contact us today to explore your eligibility and begin building a strong, well-documented petition for lawful permanent residency.

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Schedule a consultation with FN Immigration so we can learn more about your case.
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Contact info

florence@fnimmigration.com

+1 510-910-1913

333 Hegenberger Rd, Ste 333,
Oakland, CA 94621