EB-2 NIW: Green Card for Business Owners in 45 Days

For business owners aiming to expand their operations into the United States, the EB-2 National Interest Waiver (NIW) offers a streamlined path to obtaining a green card. The EB-2 NIW allows entrepreneurs to bypass the traditional labor certification process, making it an attractive option for those whose business activities can benefit the U.S. economy. With the availability of premium processing, it’s now possible to have your I-140 petition approved in as little as 15-45 days, putting you on the fast track to permanent residency.

What is the EB-2 NIW?

The EB-2 NIW (National Interest Waiver) is a unique category under the EB-2 visa, designed for individuals who possess advanced degrees or exceptional abilities in their field. The NIW allows applicants to waive the job offer and labor certification requirements if they can prove that their business or professional endeavors serve the national interest of the United States. This makes the EB-2 NIW especially beneficial for business owners and entrepreneurs.

Eligibility Criteria for Business Owners

To qualify for the EB-2 NIW as a business owner, you must meet the following criteria:

1. Advanced Degree or Exceptional Ability:
   • You must possess an advanced degree (master’s or higher) or demonstrate exceptional ability in your field.
2. National Interest Waiver Criteria:
   • Substantial Merit and National Importance: Your business must demonstrate substantial merit and national importance. This could involve contributions to technology, healthcare, economic development, or other areas beneficial to the U.S.
   • Well-Positioned to Advance the Endeavor: You must show that you are well-positioned to advance your business, supported by your track record, experience, and available resources.
   • Benefit to the U.S. Outweighs the Need for Labor Certification: Prove that the benefits of your business to the U.S. outweigh the need for a labor certification.

The Process: From Application to Green Card in 45 Days

The EB-2 NIW process for business owners can be significantly expedited by using USCIS’s premium processing service, which guarantees faster review of your I-140 petition.

1. Prepare the Petition:
   • Gather all necessary documentation, including proof of your advanced degree or exceptional ability, and evidence that your business meets the NIW criteria.
2. File Form I-140 (Immigrant Petition for Alien Worker) with Premium Processing:
   • Submit your I-140 petition to USCIS. To expedite the process, request premium processing, which guarantees that USCIS will take action on your petition within 45 calendar days for an additional fee. If your case is complex and requires further review, USCIS may issue a request for evidence (RFE), but the initial response time is still significantly faster than standard processing.
3. Concurrent Filing of Form I-485 (Application to Register Permanent Residence or Adjust Status):
   • If you are in the U.S. and eligible, you can file Form I-485 concurrently with your I-140 petition, allowing for a quicker transition to permanent resident status.
4. Biometrics Appointment:
   • After submitting Form I-485, USCIS will schedule a biometrics appointment for you to provide fingerprints, a photograph, and your signature.
5. Interview (If Required):
   • Depending on your case, USCIS may require an interview to further assess your application.
6. Approval and Green Card Issuance:
   • Once your I-140 is approved (within 15-45 days with premium processing), and your I-485 is subsequently approved, you will receive your green card, granting you permanent residency in the U.S.

Benefits of the EB-2 NIW for Business Owners

The EB-2 NIW offers several distinct advantages for business owners:

1. No Job Offer or Labor Certification Required:
   • The NIW eliminates the need for a job offer or labor certification, streamlining the process for entrepreneurs.
2. Expedited Processing:
   • By opting for premium processing, you can have your I-140 petition approved in as little as 45 days, accelerating your pathway to a green card.
3. Flexibility:
   • The NIW allows you to focus on your business endeavors without the constraints of traditional employment-based visa requirements.
4. Pathway to Permanent Residency:
   • The EB-2 NIW provides a direct route to a green card, enabling you to live and work in the U.S. permanently.
5. Family Benefits:
   • Your spouse and unmarried children under 21 can also apply for green cards as your dependents, securing their future in the U.S. as well.

Conclusion

The EB-2 NIW, combined with premium processing, offers a fast and efficient pathway to U.S. permanent residency for business owners and entrepreneurs. By demonstrating that your business serves the national interest, you can bypass traditional immigration hurdles and obtain your green card in as little as 45 days.

If you believe the EB-2 NIW is the right option for you, Kameli Law PC is here to guide you through the process. Our experienced immigration attorneys are ready to assist you in preparing a strong application and navigating the complexities of the U.S. immigration system.

Ready to take the next step toward your EB2 NIW green card?

Contact Kameli Law PC today for a consultation and learn how we can help you secure your EB-2 NIW green card.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. For personalized guidance on your EB2 NIW green card application, please consult with a qualified immigration attorney.