When we talk about moving to the U.S., there are different paths available. Every year, the country issues millions of visas for people seeking a future in America: students, temporary workers, relocations… However, although visas are a way to have an experience in the U.S., when the goal is to live in the country long-term, the Green Card is the document that every immigrant wants to put their hands on. With a Green Card, also known as permanent residence card, one can live permanently in the United States, without time limitations (as long as the rules are followed), the right to work anywhere in the U.S. in almost any type of job (except for certain government and federal positions), and the eligibility for U.S. citizenship.
And, when we talk about Green Cards, many people think that it can only be obtained by marrying a U.S. citizen or through a job, with a company sponsoring the process. But did you know there are other routes? The EB-2 NIW visa offers a path for those with exceptional skills who want to live legally in the U.S. without the need of a company to sponsor them. It is a path to a Green Card based on your abilities and skills, and it’s a self-petition. In other words, you, as an individual, can start your own Green Card process.
What is the EB-2 NIW Visa?
The EB-2 NIW (Employment-Based Second Preference National Interest Waiver) is a U.S. visa for highly skilled professionals who can demonstrate that their skills and contributions are of national interest to the U.S. The major advantage of this visa is that it does not require a specific job offer. This means you don’t depend on a company to sponsor the process for you — you can start it yourself. This is possible because the applicant is requesting a “waiver” based on the national interest of the U.S.
This makes the EB-2 NIW a perfect option for qualified professionals who want more flexibility in the immigration process. In a traditional process, there are many more steps involved:
- First, you’d need to find a company that sponsor work visas and has open job positions that you qualify for;
- Then, you’d have to go through a full interview process and hope for a happy ending: getting an offer;
- Then, the company has to start a work visa process — there are several categories and that can take months;
- Once you have the work visa, you are somewhat tied to this company. After some time, depending on the company’s policy, they might apply for your Green Card.
Our immigration journey and the long path to get the Green Card
Our personal journey to the Green Card was long and, at many moments, exhausting. I’ll try to summarize it below:
- When we first moved here in 2014, we had a trainee visa, which allowed us an 18-month stay, and we couldn’t extend that period or apply for a Green Card with that visa. Before the visa expired, the company my husband worked for started the process for a work visa, known as the H1B.
- At that time, the application period opened in April, so they started the paperwork three months earlier. However, immigration issues a limited number of H1B visas each year — and since there are more applicants than visas, they run a lottery. We were luckily selected.
- By becoming H1B visa holders, we were now eligible for a Green Card. But Thiago didn’t want to ask the company for that right away, as they had just paid for the work visa. My situation, on the other hand, became complicated: as his spouse on this new visa, I wasn’t entitled to a work permit.
- A year later, Thiago decided it was time to change jobs. Even knowing that switching companies at that time would mean delaying the possibility of a Green Card, I supported him. He got a job at another company, which meant we were back at the starting point, as the new company would only apply for a Green Card after a year, depending on his performance.
- 14 months after being hired at this new company, they finally started our Green Card process – three and a half years after moving to the U.S. And this process took nearly three years to be completed.
Thiago and I, on our first day living in the U.S., in January 2014.
It was a long journey with no immediate answers — we had to exercise our patience so many times. When we discovered the EB-2 NIW visa, my first reaction was surprise — I had never heard of this possibility. But fortunately, we already had our Green Card in hands. If we had known about it earlier, we certainly would have opted for that to have more autonomy — because, in the end, the process is yours.
Requirements for the EB-2 NIW
To qualify for the EB-2 NIW, the candidate must meet some basic requirements:
- Prove that they possess exceptional abilities in their field or have an advanced degree (master’s, PHD, etc.).
- Demonstrate that their immigration to the U.S. would be in the national interest of the country, which generally involves showing how their presence in the country would bring economic, educational, or cultural benefits.
- Present evidence that their qualifications justify waiving the labor certification (the process by which companies must prove that there are no qualified Americans for a particular job, which happens in other cases, like the one we went through).
Did you know? In the U.S., a professional with a bachelor’s degree + at least 5 years of experience in their field can be considered above average and, therefore, eligible for this visa.
Among the advantages of the Green Card — or permanent residency — is the eligibility for U.S. citizenship.
Advantages of the EB-2 NIW
- You don’t need a job offer or a sponsor. Unlike other situations where the company must prove that no qualified Americans are available for the job, the EB-2 NIW allows the candidate to apply for himself, offering much more independence and flexibility to the immigrant.
- Once the process is approved, the EB-2 NIW visa does not tie the immigrant to a single company. You have the freedom to change jobs or develop your career without compromising your immigration status, unlike other work visas like the L or H-1B, which tie your visa to the employer, limiting your flexibility and your options.
- Moreover, this visa is accessible to candidates from various fields, including science, medicine, technology, business, education… it all depends on the professional being able to demonstrate that their skills are of national interest to the U.S., which is why hiring an immigration firm is essential.
D4U Immigration – U.S. and Europe Immigration Consulting – EB-2 NIW is a full-service immigration consultancy that helps clients obtain tourist, work, student, and permanent residency visas for the United States. They have more than 9 years in this field and over 11,000 satisfied clients. D4U has been voted the best immigration consultancy in the U.S. and Latin America three times in a row by the Legal Awards. And you can have your resume evaluated for free to check your eligibility — just email info@d4uusa.com.
Frequently Asked Questions about the EB-2 NIW
What proof and requirements are required? Can you provide some examples?
To prove your eligibility, you need to present a variety of documents and evidence. This can include publications in scientific journals, internationally relevant projects, recommendation letters, awards, or significant mentions, among other things. Every case is unique, and a specialist team will help you list the most relevant proofs for your case.
How long does the process take to be completed?
The processing time for the EB-2 NIW can vary, but generally, it takes between 12 to 18 months. Of course, this depends on the number of applications and the workload of the immigration service.
Does my family also get the Green Card?
Yes! The entire family — spouse and children under 21 — are eligible for the Green Card. So, the investment benefits everyone, making it a great option for those who don’t want to leave anyone behind.
Interested in the possibility of immigrating to the U.S.? Curious to know about your potential eligibility?
The perfect way to find out the best path for your situation is to consult a professional. D4U Immigration – U.S. and Europe Immigration Consulting – EB-2 NIW has expertise in various types of visas – including the EB-2 NIW. You can reach out via email at info@d4uusa.com and send your resume. They offer a free evaluation to identify your eligibility. Don’t forget to mention that you found out about them here on the blog!
This post was sponsored by D4U – all opinions are my own.
Content creator and journalist in New York City. Here, I share lifestyle, beauty, NYC tips, thoughts, and the struggles about living in the most amazing city in the world! I’m not gonna pretend to be another person: I’m a Brazilian immigrant and I think this is my soul, it is part of who I am. I hope you enjoy my content! Follow me on Instagram!
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