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XIPHIAS Immigration
EB-2 NIW Visa — National Interest Waiver Green Card

Skilled Migration / United States / Route

United States · Investment route

EB-2NIWVisa—NationalInterestWaiverGreenCard

A green card without an employer or labour certification, if you can show your work is in the national interest. The petition is the achievable part — India’s EB-2 queue is the hard part.

155 monthsTimeline
employment-basedRoute

Last updated: 2026-10-01

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Programme overviewنظرة عامة

Overview

Advising UAE residents on US immigration from our Dubai office.

What you getالمزايا

Thebenefits,infull.

✦

Self-petition option — no job offer or PERM needed.

✦

Locks in an EB-2 priority date without an employer.

✦

Open to professionals, researchers, and entrepreneurs.

✦

Family (spouse and children under 21) included.

Investment & costsالتكاليف

Everyfigure,inwriting.

Qualifying investment

Form I-140 filing fee

USCIS Immigrant Petition for Alien Worker

$715

Asylum Program Fee

Paid with Form I-140; USD 300 for a small employer, nil for a nonprofit

$600

Premium processing (optional)

USCIS response within 45 business days for EB-2 NIW (fee effective 1 March 2026)

$2,965

Form I-485 (adjustment of status) fee

If adjusting status inside the US; applicants aged 14 and over

$1,440

Government & due-diligence fees

USCIS — Form I-140 (EB-2 NIW petition)$715
USCIS — Asylum Program Fee (with Form I-140)$600
USCIS — Form I-485 adjustment of status (age 14 and over)$1,440

Figures are indicative and exclusive of professional fees. Your advisor confirms an exact, written cost breakdown for your family size.

Eligibilityالأهلية

Whatittakestoqualify.

Requirements

✦

Hold an advanced degree or show exceptional ability.

✦

Prove your work has national importance and merit.

✦

Show you’re well-positioned to advance your field in the U.S.

✦

Demonstrate the U.S. benefits from waiving job offer and PERM.

Who cannot apply

—

Weak link between your work and U.S. national interest.

—

No proof of advanced degree or exceptional ability.

—

Insufficient supporting documentation.

Eligible occupationsالمهن

In-demandroles.

Typical Eligible Fields

  • ✦Scientists, researchers, and engineers advancing U.S. innovation and technology
  • ✦Healthcare professionals and public health experts improving national well-being
  • ✦Entrepreneurs and startup founders driving economic growth and innovation
  • ✦Academics, educators, and policy specialists shaping critical U.S. sectors
  • ✦Artists and cultural professionals contributing to U.S. national interest

The processكيف نعمل

Fromfirstcalltoapproval.

01

Eligibility Review

Evaluate your education, experience, and national interest impact.

02

Prepare & File Form I-140

Submit your EB-2 NIW petition with supporting documents to USCIS.

03

USCIS Review

USCIS assesses your eligibility and national interest justification.

04

Status Adjustment

After approval, file Form I-485 (in U.S.) or DS-260 (abroad).

05

Biometrics & Interview

Complete fingerprinting and attend interviews if required.

06

Receive Green Card

Obtain U.S. permanent residency after final approval.

Document checklistالوثائق

Everythingneededtofile.

Identity and Civil Documents

  • ✦Valid passport (current and previous)
  • ✦Passport-size photos (per USCIS specifications)
  • ✦Birth certificate and civil status proof

Academic and Professional Evidence

  • ✦Degree certificates and transcripts (advanced or equivalent)
  • ✦Resume or CV with education, experience, and key achievements
  • ✦Proof of exceptional ability — awards, memberships, or publications

National Interest Evidence

  • ✦Statement detailing the proposed endeavor and its national importance
  • ✦Evidence showing you are well-positioned to advance your field
  • ✦Documentation proving the waiver benefits the U.S.
  • ✦Recommendation letters from recognized experts
  • ✦Supporting media, publications, or impact reports

Forms and Supporting Documents

  • ✦Form I-140 — Immigrant Petition for Alien Worker
  • ✦Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)
  • ✦Field-specific evidence — patents, projects, or major contributions

Your XIPHIAS advisor prepares a personalised document list at onboarding. The checklist above is indicative and may vary by family size.

Family scopeالأسرة

Whotravelswithyou.

All eligible dependants can be included in one application or added after approval.

✦Spouse or common-law partner
✦Dependent children up to age 21

Age limits, dependency definitions, and addition fees vary by jurisdiction. Your advisor confirms exact rules at onboarding.

Risk notes

!

India’s EB-2 final action date in the October 2026 Visa Bulletin is 1 November 2013 — roughly 12 years and 11 months behind. An approved NIW petition does not shorten that queue.

!

If your goal is a green card within a few years and you hold only Indian nationality, EB-2 NIW will not deliver that. EB-1A, EB-1C and EB-5 set-asides are the routes with a realistic horizon.

!

The NIW is still worth filing for many people — it locks in a priority date, needs no employer and no labour certification, and it travels with you. It is best understood as a place in a queue, not as a timeline.

!

USCIS issued a policy update on second-preference national interest waiver eligibility on 15 January 2025. XIPHIAS reviews your case against the current USCIS guidance before filing.

Compliance

✓

Eligibility rests on an advanced degree (a US master’s or higher, or a bachelor’s plus five years of progressive experience) or exceptional ability shown through at least three of six regulatory criteria, under 8 CFR 204.5(k).

✓

The national interest waiver exempts both the job offer and the labour certification where that exemption would be in the national interest.

✓

The three-prong Dhanasar framework remains the operative test.

✓

Filing fees: Form I-140 USD 715 plus the Asylum Program Fee of USD 600 (USD 300 small employer, nil nonprofit). Form I-485 is USD 1,440 for applicants aged 14 and over.

✓

Premium processing is available at USD 2,965, but for EB-2 NIW the response window is 45 business days, rather than the 15 business days that applies to most I-140 categories.

Questionsأسئلة شائعة

This route, answered.

A self-petition U.S. Green Card for professionals with advanced degrees or exceptional ability whose work benefits national interest.

Start the United States route.

A senior advisor will confirm the exact costs, timeline and documents for your case — privately, and entirely off the record.