United States EB2-NIW - Visa Pilot Program

The EB-2 visa offers three categories: EB-2A for advanced degree holders, EB-2B for those with exceptional ability, and EB-2C for National Interest Waiver applicants.

EB2 visa holders gain lawful permanent residency (green card) in the United States.

EB-2 refers to the Employment-Based Second Preference immigrant visa category.

A job offer is mandatory for EB-2A and EB-2B categories but not for the National Interest Waiver (EB-2C).

The National Interest Waiver (NIW) eliminates the job offer requirement for EB-2 visa applicants in the United States.

National Interest Waiver applicants must prove their project’s substantial merit and national importance, their capability to execute the project, and that waiving a job offer benefits the U.S.

The EB-2 National Interest Waiver is not restricted to specific professions; it evaluates exceptional ability and national interest broadly.

Successful EB-2 NIW applications for pilots have varied in processing times, with approvals as quick as under two months.

Form I-140 is required for EB-2 visa and National Interest Waiver applications.

Only highly experienced pilots and first officers with compatible major licenses qualify for the EB-2 National Interest Waiver.

While not mandatory, an FAA pilot license demonstrates immediate impact potential, enhancing the EB-2 NIW application.

Membership in professional pilot associations can strengthen an EB-2 visa application; examples include unions exclusively for professional pilots.

Applying for an EB-2 National Interest Waiver indicates intent to immigrate, which may influence future non-immigrant visa applications.

Travel to the U.S. is permitted during EB-2 application processing; ensure to declare any immigrant visa applications to immigration officers.

The National Interest Waiver typically processes within 8 to 12 months; the fastest approval recorded was less than two months.

After EB-2 approval, obtaining the immigrant visa and green card via DS-260 at a U.S. consulate generally takes 3 to 6 months.

Applicants residing in the U.S. may adjust their status without returning to their country of origin to apply for an immigrant visa and green card.

The EB-2 application process does not require residing in the USA.

Retrogression may affect green card timing for applicants from India and Mainland China; spouse’s nationality might circumvent this.

Translations of foreign documents need not be legalized or notarized; a certified translation suffices.

The Eb2 NIW petition for an EB-2 visa requires a government filing fee of USD 700.

Dependents under the EB-2 program include the spouse and children under 21 years old.

Same-sex marriages are recognized under EB-2; common law partners are not eligible as dependents.

Children over 20 may qualify under the EB-2 if the adjusted age is under 21 when the immigrant visa becomes available.

Green card holders cannot sponsor parents; only U.S. citizens have this capability.

Inclusion of children in the EB-2 application requires consent from a non-applying parent.

EB-2 green cards are valid for 10 years and are not conditional.

There is no specific residency requirement for green card holders, but extended absence may risk losing permanent residency status.

There is no specific residency requirement for green card holders, but extended absence may risk losing permanent residency status.

The term “main residence” indicates the primary location where an individual lives and spends most of their time.

EB-2 green card holders are entitled to live, work, study, or retire anywhere in the USA.

Green card holders can apply for U.S. citizenship after five years of residency, requiring physical presence for at least 2.5 years.

The EB-2 National Interest Waiver is an effective pathway for both airline and helicopter pilots seeking permanent residency in the U.S.

One of the visa option for pilots would be the EB-2 NIW (National Interest Waiver) visa offers several compelling advantages for skilled professionals, including airline pilots and helicopter pilots, seeking permanent residency in the United States

To qualify for the EB-2 NIW (National Interest Waiver) in the aviation industry, applicants should provide evidence of exceptional ability. This can include:

1. At least 10 years of full-time experience as a pilot.
2. A licence to practice your profession or certification for your profession or occupation.
3. Academic records showing a degree, diploma or certificate related to the aviation industry from a college, university, school, or other comparable institutions.
4. Membership in pilot professional association(s).
5. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
6. Recognition of achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
7. Other comparable evidence (anything that makes your training and/or experience special or noteworthy, including management and/or training duties)

Applicants should provide as much relevant evidence as possible from these categories to strengthen their EB-2 NIW application in the aviation field.

The EB2 NIW visa approval rate has fluctuated in recent years:

• FY 2023: Approximately 80% overall approval rate
• FY 2022: 90-96% approval rate
• STEM occupations: 91% approval rate in 2023 (EB2 NIW STEM)
• Non-STEM occupations: 66% approval rate in 2023

Key factors affecting approval rates:

1. Increased demand
2. New USCIS officers
3. Stricter adjudication standards

Individual approval chances depend on:

• Applicant’s professional profile
• Proposed endeavor’s national importance
• Quality of petition package
• USCIS officer evaluating the case

An EB2 NIW (Employment-Based Second Preference National Interest Waiver) petition is an immigration option for highly skilled professionals and researchers.

It allows individuals to apply for a green card without a job offer or labor certification if they can demonstrate that their work is in the national interest of the United States. This category requires applicants to have either an advanced degree or exceptional ability in their field.

The EB2 NIW petition is crucial for several reasons:

1. It offers a path to permanent residency for highly skilled individuals without requiring employer sponsorship.
2. It provides flexibility in career choices and job mobility.
3. It can lead to faster processing times compared to other employment-based categories.
4. It allows applicants to self-petition, giving them more control over their immigration process.

At Harvey Law Group, we recognize the EB2 NIW as a valuable option for many of our clients, particularly those who are leaders in their fields or whose work significantly benefits the United States.

At Harvey Law Group, we understand that choosing the right immigration law firm is crucial for the success of your EB2 NIW petition. Our experienced team brings extensive expertise to every case, crafting high-quality petitions tailored to your unique qualifications.

We pride ourselves on our meticulous attention to detail, ensuring that all required documents are perfectly prepared and submitted to minimize the risk of delays or denials. With our deep understanding of immigration law nuances and up-to-date knowledge of policy changes, we present your case in the most favorable light to immigration officials.

By partnering with us, you’re not just submitting a petition; you’re maximizing your chances of approval. We are dedicated to saving you time, reducing your stress, and swiftly addressing any issues that may arise. Trust Harvey Law Group to guide you through this complex process and help you achieve your immigration goals.