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EB2 NIW (NATIONAL INTEREST WAIVER)

The EB-2 classification also allows an individual to seek a National Interest Waiver waving the requirement of a job offer. In addition to providing evidence of an advanced degree or exceptional ability, the individual must demonstrate that his or her work will greatly benefit the United States.

A perfect example of an EB-2 National Interest Waiver applicant would be a biomedical researcher from the United Kingdom, with a postdoctorate in medicinal chemistry, who decides to move his lab to the United States to contribute to the development of anti-viral drugs for the common flu.

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LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our typical fee for a standard EB-2 case varies. We are happy to customize a proposal for your during a consultation and walk you through what a standard EB-2 case looks like.

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for EB-2 NIW

This is the most crucial step for your entire EB-2 NIW. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit EB-2 NIW to USCIS

Our attorneys will craft your EB-2 NIW arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: Respond to Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

In the event, USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), our attorneys will craft a response in a timely manner to fight for the approval of your EB-2 NIW application.

Step 4: Prepare Client for Interview at the Consulate

It all comes down to this. We help guide the client in his/her preparation for the interview with a U.S. consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview.

Step 5: Respond to Consulate Requests / Administrative Processing / Status Checks / Fraud Alerts; or USCIS Adjustment of Status Request for Evidence

After the interview, we will help formulate possible responses from a U.S. consulate, from additional document requests to revised applications, to fraud alerts.  It is about keeping close tabs with the consulate processing. 

Step 6: Arrival is Only The Beginning

Our services do not end when you receive your EB-2 status, and that this step is just the beginning. To help accommodate this reality, we provide guidance over:

  • CBP – Airport Arrival
  • Dependent Visas/Work Permits
  • Reentry Permits
  • and more!
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    ADDITIONAL RESOURCES

    Checklist of Required Evidence

    National Interest Waiver

    • Proof the job qualify for a national interest waiver;
    • Proof the employment would greatly benefit the United States.

      Filing Fee

      The updated filing fee for EB-2 can be found here

      Eligibility for EB-2 NIW

      National Interest Waiver

      1. The proposed endeavor has both substantial merit and national importance.
      2. You are well-positioned to advance the proposed endeavor.
      3. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
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      SAMPLE & TEMPLATES

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      Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-140 petition.

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      Cover Letter: [coming soon] We will also provide a cover letter sample for the I-140 petition.

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      Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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      Forms: Here is a list of the forms that are needed by USCIS

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      Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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      USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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      USCIS Mailing Address: This address is where it is mailed to USCIS.

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      USCIS Processing Timetable: This will help you figure out how long it will take to process.

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      ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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      FREQUENTLY ASKED QUESTIONS

      How long is the EB-2 process?

      On average, it takes about 6 months to process your form I-140 EB-2 NIW. 

      What are the advantages of the EB-2 National Interest Waiver?

      1. No labor certification is required
      2. No job offer or permanent job position is required
      3. Self-petition is allowed

      What are some tips on filing EB-2 National Interest Waiver?

      1. Make sure you document the citation records (to show how many hits the journal gets), impact factor, and circulation figures of the journals in which your publications appear.
      2. Recommendations from people who know you personally carry less weight than those who know you by reputation.
      3. Emphasize/document the “international” nature of your accomplishments.
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      SCHEDULE A SESSION

      Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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