United States EB2-NIW STEM Visa
The EB-2 NIW STEM National Interest Waiver (Science, Technology, Engineering, Math (STEM) Field) is a program that allows workers within the STEM 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 STEM field in the U.S. and allows them to contribute their skills and expertise to the national interest.
United States EB2-NIW STEM 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 STEM 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 in a STEM field.
- At least 10 years of full-time experience working in the STEM field.
- Licensure to practice your profession.
- Evidence of salary in the top 70% of STEM field 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 STEM field 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) *
Accepted Fields:
- Advanced Computing
- Advanced Engineering Materials
- Advanced Gas Turbine Engine Technologies
- Advanced Manufacturing
- Advanced and Networked Sensing and Signature Management
- Advanced Nuclear Energy Technologies
- Artificial Intelligence
- Autonomous Systems and Robotics
- Biotechnologies
- Communication and Networking Technologies
- Directed Energy
- Financial Technologies
- Human-Machine Interfaces
- Hypersonics
- Networked Sensors and Sensing
- Quantum Information Technologies
- Renewable Energy Generation and Storage
- Semiconductors and Microelectronics
- Space Technologies and Systems
Additional Fields:
Proposals in other emerging areas are welcome and will be considered based on their merit and relevance.
United States EB2-NIW STEM 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.
Contact us
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 an EB-2 NIW STEM visa?
EB-2 NIW STEM Visa option allow STEM professionals to study and work and, in many cases, eventually obtain permanent residency in the U.S.
What does STEM stand for?
STEM refers to the fields of Science, Technology, Engineering, and Math.
What are the benefits of the EB-2 program?
The EB-2 Program allows successful applicants and their dependents to achieve permanent residency in the USA for 10 years, with the opportunity for U.S. citizenship.
Are there different categories within the EB-2 visa?
The three categories of EB-2 are:
- EB-2A: For individuals with advanced degrees.
- EB-2B: For those demonstrating exceptional ability in their fields.
- EB-2C: For individuals granted a National Interest Waiver.
Is a job offer required to apply for an EB-2 visa?
A job offer is not required for the EB-2 National Interest Waiver (NIW) category but is necessary for the EB-2A and EB-2B categories.
What is a national interest waiver?
The National Interest Waiver (NIW) allows applicants to apply for an EB-2 visa without a U.S. job offer, waiving the job offer requirement.
Does having a job offer increase my chances of success in the EB-2 program?
Including a U.S. job offer can enhance an EB-2 application, though USCIS approval depends on the officer’s discretion.
Do I need previous teaching experience or academic publications to qualify for the EB-2 program?
Teaching experience or academic publications are not mandatory for EB-2 eligibility but can enhance the application
Can I qualify for the EB-2 program with only academic research experience in a STEM field?
Individuals with only academic research experience in a STEM field must complete a preliminary assessment form to determine eligibility for the program
What are the EB2 NIW visa requirements?
The EB2 National Interest Waiver (NIW) requirements are:
• An advanced degree or meeting exceptional ability criteria.
• A project of substantial merit and national importance.
• Applicant’s capability to advance the project.
• Overall benefit to the U.S. without a job offer.
Is a business idea necessary to qualify for the EB-2 program?
Applicants need to demonstrate how their proposed endeavor meets criteria related to substantial merit and national importance, which may involve a business idea.
Is the EB-2 NIW reserved for specific professions?
The EB-2 NIW is not restricted to specific professions; eligibility is based on demonstrating exceptional ability and a project of national interest.
What is Form I-140?
Form I-140 must be filed for the EB-2 application and National Interest Waiver request.
Are there any risks in applying for the EB-2 national interest waiver?
Applying for an EB-2 National Interest Waiver indicates an intent to immigrate to the U.S., which could affect future non-immigrant visa applications but the risk is minimal.
Can I enter the US while my application is being processed?
Travel to the U.S. is permitted while an EB-2 application is pending; applicants must declare their immigration application when asked.
What is the processing time from submission to approval for a national interest waiver application?
The processing time for a National Interest Waiver application typically ranges from 8 to 12 months, with expedited options available.
Is there a way to expedite the processing of my national interest waiver application?
Premium processing for EB2 NIW petitions guarantees a USCIS response within 45 days.
What happens after my EB2 NIW petition is approved? How soon can I get a green card?
After EB2 NIW petition approval, the case moves to the NVC for green card processing, including consular interviews and medical checks. The timeline for receiving the green card varies.
What is the processing time for the immigrant visa DS-260/Green Card at the U.S. consulate?
Immigrant visa processing times vary by consulate, ranging from 3 to 12 months, and are subject to change based on immigration policies.
Can I delay the process after receiving approval for my EB2 NIW?
Applicants can delay the EB2 NIW process after approval if necessary.
Is travel or residence in the USA required as part of the application process?
Residency or travel to the USA is not required during the EB2 NIW application process.
If the main applicant is already living in the USA, must they return to their country of origin to apply for the immigrant visa and obtain their green card?
Main applicants residing in the USA can adjust their status without returning to their home country for the immigrant visa.
Is there a retrogression (backlog or waiting line) for obtaining a green card under the USCIS EB2 visa program?
EB2 Visa applicants may face retrogression, affecting timeline; especially those from India and Mainland China, based on USCIS Visa Bulletins.
Do I need legalized or notarized translations for any support documents in a foreign language?
Legalization or notarization of foreign documents is not required; a certified translation suffices.
What is the government fee for filing the I-140 petition?
The government fee for filing an EB2 NIW application (I-140 Petition) is USD 715.
Who qualifies as dependents under the EB-2 program?
Dependents under the EB-2 program include spouses and children under 21 years old.
Are common law partners or same-sex marriages recognized?
Same-sex marriages are recognized; common law partners are not eligible as dependents under EB-2. Marriage duration prior to NIW approval is not restricted.
Can step-children be considered dependents?
Step-children under 21 years old can be considered dependents with additional consent from any other biological parent sharing custody.
Can my child be included if they are over 20 years old by the end of the process?
Children over 20 years old might be included if the I-140 processing time reduces their age to under 21, depending on visa availability by country.
If my spouse is not a dependent in my EB-2 application, do I need their authorization to include our children?
A consent letter from the non-included parent is required to include children in an EB-2 application.
What is the validity period of the EB-2 green card?
The EB-2 Green Card remains valid for 10 years.
Is the EB-2 green card a “conditional” green card?
EB-2 Green Cards are not conditional and have no conditions attached to their validity.
Is there a residency requirement under the EB-2 program?
No specific residency duration is mandated by U.S. law for EB-2 Green Card holders, but extended stays outside the U.S. may risk permanent residency status.
What does “main residence” mean?
AMain residence refers to the primary location where an individual lives and spends most of their time.
Can EB-2 green card holders work and study in the USA?
EB-2 Green Card holders are permitted to live, work, study, or retire in the United States.
After receiving my green card, can I sponsor my parents?
Only U.S. citizens can sponsor their parents for citizenship; Green Card holders cannot.
As a green card holder, can I apply for U.S. citizenship?
Green Card holders may apply for U.S. citizenship after residing in the USA for 5 years, with at least 2.5 years physically present in the U.S.
Can I renew my EB-2 green card?
Renewal of an EB-2 Green Card is possible if the U.S. remains your primary residence.
If my wife or children do not want to apply for US citizenship, is that allowed?
Green Card holders can individually apply for U.S. citizenship after 5 years, regardless of their family members’ decisions on citizenship.