United States EB2-NIW
Visa for Airplane and helicopter Pilots
The EB-2 NIW National Interest Waiver is a program that allows foreign airline pilots with exceptional ability to obtain a green card without the need for a job offer or sponsorship. This program recognizes the importance of experienced pilots in the U.S. aviation industry and allows them to contribute their skills and expertise to the national interest.
EB2 NIW Visa Pilot Program Benefits
Residency and Family Inclusion
- Unconditional Green Cards (permanent residence status) for the applicant and dependents.
- Dependents include spouse and children under 21.
- Each of the applicant and dependents will have independent Green Cards giving them the right to live, work, and study in the USA.
Travel and Quality of Life
Right to live, work, and study in the USA.
Ease of Access
- Pathway to U.S. citizenship after 5 years of residence in USA.
- Estimated overall processing time for the Visa Pilot: 12 – 18 months.
eb2 niw visa requirements
Requirements (Must meet three of the criteria listed below)*
- At least 10 years of full-time experience as a pilot.
- A licence to practice your profession or certification for your profession or occupation.
- Academic records showing a degree, diploma or certificate related to the aviation industry from a college, university, school, or other comparable institutions.
- Membership in pilot professional association(s).
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Recognition of achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
- Other comparable evidence (anything that makes your training and/or experience special or noteworthy, including management and/or training duties).
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EB2-NIW Visa Pilot Program Process Time
Processing time 8-12 Months
Due Diligence And Application
- Pre-assessment.
- Collection of supporting documents.
- Submission of application, with supporting documents and individualised letter of support.
Approval And Investment
- 8 to 12 months to receive National Interest Waiver (Premium processing is available to shorten the timeline).
- File for the immigrant visas at U.S. consulate abroad.
- 3 to 6 months to obtain immigrant visas.
Residency
- Enter the USA within 6 months of issuance of immigrant visas.
- Receive Green Cards by post to USA address.
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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 the EB-2 visa and who is eligible?
The EB-2 visa is a U.S. employment-based immigrant visa for professionals with advanced degrees or exceptional ability. Harvey Law Group can help you determine if you qualify based on your academic credentials or professional achievements.
What is the EB-2 NIW (National Interest Waiver) and how is it different?
The EB-2 NIW allows eligible applicants to bypass the job offer and labor certification normally required for EB-2, by showing their work benefits the United States. HLG has helped clients globally secure EB-2 NIW approvals by building strong, evidence-based petitions.
Can I apply for the EB-2 NIW without a U.S. job offer?
Yes. Unlike the regular EB-2, the NIW pathway does not require a U.S. employer. With Harvey Law Group’s guidance, applicants can self-petition based on their national interest contributions.
Can I change jobs after my EB-2 I-140 petition is approved?
If you applied under the EB-2 NIW, you are not tied to a specific employer and can change jobs freely. If you applied under a regular EB-2 with employer sponsorship, changing employers may require a new petition. HLG can assess your case and guide you safely.
Can I start a business in the U.S. while my EB-2 NIW is pending?
Yes, many applicants establish companies while their NIW is being processed. Harvey Law Group offers strategic advice to ensure your business plans align with your immigration goals.
Can I pursue both a family-based green card and the EB-2 at the same time?
Yes. Filing for both is allowed. For example, if you have a pending I-130 family petition, you can also pursue an EB-2 or EB-2 NIW. HLG can help structure the best pathway for faster approval.
What are the most common reasons for EB-2 NIW RFEs (Requests for Evidence)?
RFEs often arise from insufficient evidence of national interest, vague recommendation letters, or lack of independent recognition. Harvey Law Group prepares every case thoroughly to minimize RFE risks and respond effectively when needed.
How long does it take to get a green card through EB-2 or EB-2 NIW?
I-140 processing takes 6–15 months (or 45 days with premium processing). The I-485 green card step varies based on backlog and country of birth. HLG will help you understand your timeline and fast-track where possible.
Is the EB-2 visa subject to a waiting list or quota?
Yes. Visa availability is limited by country. Applicants born in India or China may face longer wait times. Harvey Law Group can help you plan around these delays or explore alternative categories like EB-1.
What documents do I need to support an EB-2 NIW petition?
Evidence includes degrees, awards, publications, citations, letters of support, media coverage, and proof of national impact. HLG ensures your petition is professionally prepared to maximize success.
Do I need labor certification (PERM) for the EB-2 NIW?
No. The NIW waives both the PERM process and job offer requirement. This makes it ideal for self-employed professionals and entrepreneurs. Harvey Law Group helps clients worldwide take advantage of this streamlined path.
Can I apply for the EB-1 after getting EB-2 NIW approval?
Yes. Some professionals pursue EB-1 after building their case through NIW. HLG can evaluate your eligibility and help upgrade your petition for faster green card approval.
Can I apply for the EB-2 visa from outside the United States?
Yes, EB-2 applicants can file from abroad. Harvey Law Group assists clients worldwide through consular processing or status adjustment if already in the U.S.