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EB-2 NIW Petition Services

EB-2 NIW Green Card Petition Preparation

AGS Welt provides EB-2 NIW petition services for researchers, engineers, physicians, entrepreneurs and other professionals with an advanced degree or exceptional ability. The National Interest Waiver lets you self-petition for a green card without an employer, job offer or labor certification. We assess your profile against the Dhanasar framework, build your case strategy and prepare a complete, well-documented petition.

What Our EB-2 NIW Service Includes

  1. Free profile assessment for EB-2 eligibility and the national interest waiver
  2. Case strategy: defining a specific proposed endeavor with national importance
  3. Petition letter drafting built around the three Dhanasar prongs
  4. Recommendation letter drafting and guidance for your recommenders
  5. Evidence collection, organization and exhibit indexing
  6. Form preparation (I-140, I-907 for premium processing, I-485 if applicable)
  7. RFE response support

Do You Qualify? EB-2 NIW Requirements

EB-2 NIW has two parts. First, you must qualify for the EB-2 category through an advanced degree or exceptional ability. Second, you must show that waiving the job offer is in the national interest under the three-prong Dhanasar test.

Advanced Degree
A U.S. master’s degree or higher, or a foreign equivalent, or a bachelor’s degree plus at least five years of progressive experience in your field.
 
Exceptional Ability

Expertise significantly above that ordinarily found in your field, shown by meeting at least three of six USCIS criteria, such as a relevant degree, ten years of experience, a professional license, a high salary, memberships or recognition.

National Interest Waiver
Once you qualify for EB-2, you must show that waiving the job offer and labor certification benefits the United States. USCIS applies the three Dhanasar prongs below.
Substantial Merit and National Importance
Your proposed endeavor has value in an area such as science, technology, health, business or education, and its impact reaches beyond a single employer or client.
 
 
Well Positioned to Advance It
Your education, skills, track record, plan and any interest from users, investors or partners show that you can move the work forward.
 
Waiver Benefits the United States

On balance, the U.S. gains more by letting you proceed now than by requiring a job offer and labor certification.

Want a deeper explanation of each prong? Read our guide What Is EB-2 NIW?, or compare your options in EB-1A vs EB-2 NIW.

Filing Options: Concurrent or Separate

An EB-2 NIW case starts with Form I-140. If you are in the U.S., you may also file Form I-485 to adjust status. There are two ways to file:

Strategy 01

Concurrent Filing

If you are in the U.S. and your priority date is current in the visa bulletin, you can file the I-140 and I-485 together.
 

Strategy 02

Separate Filing

You file the I-140 first. After approval and once your priority date is current, you file the I-485 in the U.S. or apply for an immigrant visa through consular processing abroad.

Advantages of the EB-2 NIW Green Card

Self-Petitioning

You can self-petition without needing an employer to sponsor you.

No Job Offer Required

You can apply without a job offer from a U.S. employer, and there is no minimum investment or age requirement.

No Labor Certification Required

You can bypass the often lengthy labor certification process.

Premium Processing Available

Your I-140 can be decided within 45 business days with premium processing.

Family Inclusion

Your spouse and unmarried children under the age of 21 can also be included in your EB-2 NIW petition. If they are in the United States, they may file Form I-485 (Adjustment of Status) along with your application. If they are abroad, they can apply for an immigrant visa through consular processing and receive their green cards upon arrival in the United States.

EB-2 NIW or EB-1A?

If you have major awards, media coverage or a leading role at a well-known organization, the EB-1A extraordinary ability green card may be faster for you. See our EB-1A petition service, or apply for a free assessment and we’ll recommend the right category.

Costs Involved
  • I-140 Filing Fee: $1015
  • Premium Processing Fee (optional): $2,965
  • I-485 Filing Fee for Principal Applicant: $1,225 
  • I-485 Fee for Dependents over age 14: $1,225 each 
  • I-485 Fee for Dependents under age 14: $750 each
Our Fees
  • EB-2 NIW I-140 Fee: $2,900  for PhDs and for others Starting at $4,000