NIW Premium Processing Time & Requirements: 45-Day Green Card (2023)
Written by: Victor Pan
Last Updated by Ailen Faiad: May 23, 2023Get a Green Card through an EB-2 NIW Visa
Apply NowThe United States EB2 NIW (National Interest Waiver) policy is a way for certain foreign nationals to obtain a green card without going through the labor certification process. The labor certification process is a requirement for most employment-based green card petitions. It requires the employer to prove that there are no qualified U.S. workers available for the job being offered to the foreign national. Also, USCIS offers a way to improve this process with the NIW Premium Processing
The EB-2 NIW category is for individuals who possess exceptional abilities in the arts, sciences, or business, who have an advanced degree, and whose work in their field will significantly benefit the United States. The individual must also demonstrate that the national interest of the United States would be adversely affected if a labor certification were required for the alien.
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EB2 NIW Requirements
To qualify for an EB-2 NIW Visa, the individual must demonstrate that possesses exceptional ability in the field. This can be demonstrated through a combination of education, experience, and recognition in the field.
The individual must also show that their proposed endeavor has both substantial merit and national importance. This can be demonstrated through evidence such as government or private sector support. The likelihood of the endeavor to create jobs or generate revenue, or its potential to improve the U.S. economy.
Furthermore, the individual must prove that his/her work in the field will greatly benefit the United States. This can be demonstrated through evidence such as the potential for commercialization, the potential for the project to be adopted on a national scale, or the potential for the project to have a positive impact on the U.S. economy or national security.
EB2 NIW Premium Processing
Premium Processing is a service that the United States Citizenship and Immigration Services (USCIS) offers for certain employment-based immigration petitions, including the EB-2 NIW Visa. It allows for expedited processing of the petition, with a decision being made within 15 calendar days.
To use Premium Processing, the individual must file Form I-907, along with the appropriate fee, along with the EB2 NIW petition. The fee for Premium Processing is currently $2,500.
It’s important to note that the use of premium processing does not guarantee approval of the EB2 NIW petition. But it does provide the benefit of a faster decision. Additionally, the premium processing service can be suspended by the USCIS at any time. Meaning that the 15-day processing time may not be available during certain times of high demand.
USCIS EB2 NIW: Key Changes
As of 2021, the EB2 National Interest Waiver (NIW) policy has undergone some changes under the new administration. In 2020, the United States Citizenship and Immigration Services (USCIS) issued new policy guidance for the EB2 NIW category, which provides additional information on how the agency will evaluate petitions under this category.
One of the key changes in the new policy guidance is that the USCIS will now place more emphasis on the national interest of the United States when evaluating EB2 NIW petitions. The agency will now consider factors such as the potential for the project to create jobs or generate revenue, the potential for the project to improve the U.S. economy, and the potential for the project to have a positive impact on national security.
Additionally, the new policy guidance includes updated criteria for what constitutes exceptional ability in the arts, sciences, or business. The USCIS now requires that the individual must have a degree from an institution of higher education in the field in which exceptional ability is claimed. Or have at least five years of experience in the field.
EB2 NIW Exceptions
The EB2 NIW category is not available to physicians who have agreed to work in a medically underserved area or for a Veterans Affairs facility. This is because there is a separate immigration category, known as the EB-3 Conrad 30 Waiver Program, which is specifically for physicians in these situations.
Another exception is that EB2 NIW applicants must have a job offer and labor certification before filing the NIW petition, with some exceptions; for example, if the individual is an entrepreneur and creating jobs for U.S. workers, or if the individual is self-employed and their work is in the national interest.
EB2 NIW Criteria: Unqualified Applicants
According to the United States Citizenship and Immigration Services (USCIS), there are several types of applicants who may not qualify for an EB2 National Interest Waiver (NIW). Some examples include:
- Individuals whose work does not have a substantial impact on the national interest: The EB2 NIW category is intended for individuals whose work is in the national interest, so those whose work does not meet this criterion would not qualify.
- Individuals who do not meet the requirements for an EB2 visa: In order to be eligible for an EB2 NIW, an individual must first meet the requirements for an EB2 visa, which include having an advanced degree or exceptional ability in their field.
- Individuals whose work does not require an advanced degree or exceptional ability: The EB2 NIW category is intended for individuals whose work requires an advanced degree or exceptional ability, so those whose work does not meet this criterion would not qualify.
- Individuals who are not able to demonstrate that their work would be in the national interest: An applicant for an EB2 NIW must be able to demonstrate that their work would be in the national interest, and if they cannot do so, they would not qualify.
Premium Processing EB2 NIW: Time & Requirements
Starting from January 30, 2023, USCIS will receive requests for I-907 Form for all initial and pending petitions for EB1C (E13) multinational executives and managers and EB2 (E21) national interest waiver. USCIS must reply within 45 days of receiving the I-907 Form and the required $2,500 fee.
Differences for People with Different Citizenships
The requirements for the EB2 NIW category are the same for all applicants, regardless of citizenship.
However, there are some general differences in the process and requirements for different types of applicants. For example, citizens of certain countries may have to wait longer to apply for a green card due to quotas and backlogs. Additionally, citizens of some countries may be subject to additional security checks.
This could be done in an effort to prevent fraud and ensure that only those individuals whose work truly benefits the United States are able to obtain an EB2 NIW.
EB2 NIW Green Card
Overall, the EB-2 National Interest Waiver policy is a way for certain foreign nationals to obtain a green card without going through the labor certification process. It is intended for individuals who possess exceptional abilities in the arts, sciences, or business, or who have an advanced degree, and whose work in their field will significantly benefit the United States. The individual must also demonstrate that the national interest of the United States would be adversely affected if a labor certification were required for the alien. Premium Processing is a service offered by the United States Citizenship and Immigration Services (USCIS) that allows for expedited processing of the petition, with a decision being made within 15 calendar days, for a fee of $2,500.