United States EB2-NIW AME Visa
The EB-2 NIW AME VISA is a program that allows workers within the aircraft maintenance field with exceptional ability to obtain a green card without the need for a job offer or sponsorship. This program recognizes the importance of the AMEs field in the U.S. and allows them to contribute their skills and expertise to the national interest.
United States EB2-NIW AME Visa Benefits
Residency and Family Inclusion
- Obtain a Green Card (unconditional permanent residence status valid for 10 years) in the USA for the applicant and family members.
- Dependents included:
- Spouse (same sex included)
- Children under 21
Travel and Quality of Life
- Right to live, work, and study in the USA.
- Pathway to U.S. citizenship after 5 years of residence in USA.
Ease of Access
- Fast processing time compared to other green card routes (i.e., family sponsorship)
United States EB2-NIW AME Visa Requirements
- Submit the completed application forms and required documents.
- Obtain the National Interest Waiver.
- File for the immigrant visa at U.S. consulate abroad allowing the applicant and family members to get their immigrant visas.
- Arrival to the U.S. and receipt of Green Cards via mail.
- Application processing time varies according to the applicant’s country of birth, consular processing time, and whether retrogression is in effect.
- Typical processing time is within 8-12 months for individuals not born in India or China.
Additional Requirements (Must meet three of the criteria listed below)*
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to avionics.
- At least 10 years of full-time experience working in the aviation industry as an aircraft maintenance engineer/technician.
- Licensure to practice your profession.
- Evidence of salary in the top 70% of AME experts in country of employment at some point in last 5 years.
- Proof of membership in an acceptable professional association(s).
- Recognition of achievements in the aviation industry from peers, government entities, professional or business organizations.
- Other comparable evidence (anything that makes your background and/or experience special or noteworthy, including management and/or academic duties, publications, speeches etc) *
United States EB2-NIW AME Visa Process
Processing time 8-12 Months
Due Diligence And Application
- Submit the completed application forms and required documents.
- Obtain the National Interest Waiver.
Approval And Investment
- File for the immigrant visa at U.S. consulate abroad allowing the applicant and family members to get their immigrant visas.
- Arrival to the U.S. and receipt of Green Cards via mail.
Residency
Application processing time to NIW around 9-12 months. Processing time to obtain immigrant visas varies according to the applicant’s country of birth, consular processing time, and whether retrogression is in effect.
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With over 30 years of immigration experience, each of Harvey Law Group’s lawyers carefully studies each client’s needs, resources and determines the immigration solution that best aligns with our client’s vision and values.
Frequently Asked Questions
What is eb-2 NIW?
EB-2 stands for Employment Based Second Preference, a U.S. immigrant visa for advanced degree holders or those with exceptional ability.
What are the benefits of the EB-2 program?
Successful EB-2 applicants obtain U.S. permanent residency and green card valid for 10 years, with eligibility for citizenship.
Are there different categories within the EB-2 visa?
EB-2 has three categories: EB-2A for advanced degree professionals, EB-2B for those with exceptional ability, and EB-2C for National Interest Waiver applicants.
Is a job offer required to apply for the EB-2 NIW AME?
A job offer is not required for EB-2 NIW AME applicants; it is needed only for EB-2A and EB-2B.
What is a National Interest Waiver?
A National Interest Waiver (NIW) is a unique path to a U.S. green card for exceptional individuals whose work significantly benefits the nation. Unlike traditional employment-based visas, NIW applicants can self-petition without an employer sponsor or labor certification.
To qualify, candidates must demonstrate advanced degrees or exceptional ability, and prove their work has substantial merit and national importance. This option is particularly valuable for researchers, entrepreneurs, and innovators whose contributions could advance fields like science, technology, or healthcare. While challenging to obtain, the NIW offers a flexible route to permanent residency for those whose expertise serves the U.S. national interest.
What are the EB2 NIW visa requirements?
To qualify, the applicant must demonstrate that:
- They meet the advanced degree and/or at least 3 of the 6 exceptional ability criteria;
- Their proposed endeavour has substantial merit and national importance;
- They are well-positioned to conduct the project; and
- On balance, it would be beneficial to the USA to waive the requirement of a job offer for the applicant.
Is a job offer required to apply for the EB-2 NIW AME VISA?
No, a job offer is not required for the National Interest Waiver (“NIW”) category. The job offer (also called labor certification) is only required for the first 2 categories (EB-2 A and EB-2 B).
Does having a job offer increase the chances of success in the EB-2 NIW AME Visa program?
The addition of a US job offer would benefit the application, though ultimately, the approval of the EB-2 application is entirely at the discretion of the USCIS officer reviewing the application.
Is the EB-2 NIW limited to certain professions?
No. The USCIS has issues general guidance explaining how they determine Exceptional Ability and the national interest of the United States. Specific professions are not mentioned.
What is Form I-140?
Form I-140 is used by employers to request USCIS to classify a noncitizen as eligible for an employment-based immigrant visa.
Do all aircraft maintenance engineers qualify for the EB2 National Interest Waiver?
No, only highly experienced aircraft maintenance engineers who hold either an FAA aviation mechanic license or other major licenses from around the world that are compatible with FAA licensing. Our experienced team will assess your qualifications to determine if you would be a good candidate for this immigration category.
Is an FAA aviation mechanic license required for this program?
In theory, no, it is not required. However, an aircraft maintenance engineer with an FAA license can demonstrate that they can make an immediate impact in the field. If an aircraft maintenance engineer possesses another major license that is comparable to the FAA license and the requisite period of practical experience, he/she will be able to obtain FAA licensure in a matter of weeks, and therefore, it is likely that we will be able to show an immediate impact. If you have begun the FAA licensure process and can finish it prior to filing the NIW, we would encourage it.
What occurs after my EB-2 NIW petition is approved? How soon can I receive a green card?
Upon approval of your EB2 NIW AME application, your case will be transferred from USCIS to the US Department of State National Visa Centre (NVC) to process your green card applications for you and your dependents. Upon submission of your green card applications, the NVC will triage the case to the appropriate U.S. Consulate for the immigration medical check and consular interview. The immigrant visa green card will be issued after passing the interview.
What is the processing time from submission to approval of the National Interest Waiver application?
8 to 12 months (on average). Note that the fastest petition we had approved was approved within less than 1 month.
Are there any risks associated with applying for the EB-2 National Interest Waiver?
By applying for the EB2 National Interest Waiver, you are expressing an interest to immigrate to the United States.
If you apply for a non-immigrant visa, there is a risk that a consular officer may decide to ask you (or not to ask you) further questions about it, and could deny future non-immigrant visa requests based on the intent to immigrate to the United States if he/she is of the view that you may constitute a risk as a person attempting to enter the US as a non-immigrant/tourist purposely to then go on to stay in the US illegally. If you have concerns about this issue, you can discuss it with one of our attorneys.
It is important to understand that this risk is very remote, in particular if you have a history of entering the US without overstaying and that you have family and other ties elsewhere. In our years of practice, we have never seen a non-immigrant visa being denied for this reason, but it is still a possibility.
Can EB-2 green card holders apply for U.S. citizenship?
Yes. A green card holder can apply for U.S. citizenship after 5 years of residence in USA (by spending over 2.5 years of the five years in the U.S. with no absences of more than 6 months in a row). There are some exceptions to the residency requirements but that is assessed on a case-by-case basis.