he EB-2 National Interest Waiver is a special sub-category of the employment-based second preference (EB-2) immigrant visa that allows highly skilled or accomplished individuals to self-petition for a U.S. green card if they can demonstrate that their work will substantially benefit the United States. In a standard EB-2, a U.S.
Grupo Sineva positions the NIW as a great option for “entrepreneurs and professionals whose work benefits the U.S. national interest – no job offer required”. Many of our NIW clients are people like startup founders, PhD researchers, doctors in underserved areas, or professionals in STEM and other critical areas. As a sales agent, when you meet someone with an impressive CV but no U.S. employer sponsor, think NIW.
First, the applicant must qualify
under the basic EB-2 category. This means either they hold an advanced degree (master’s or Ph.D.
The heart of NIW is showing the person’s work or proposed endeavor has broad significance for the United States.
There is no specific list of “must have” documents (unlike, say, a minimum investment as in EB-5), but NIW candidates typically need: proof of qualifications (degrees, certifications)
It’s worth noting here that, just like EB-5, spouse and children <21 can be included once the NIW-based green card is approved.
In the initial consultation, the sales agent (with input from our legal experts as needed) evaluates the client’s education, work history and accomplishments to see if they meet NIW criteria.
The client signs the contract to proceed with Sineva for an NIW petition. The sales agent ensures all fee discussions are clear (our professional fees, plus government filing fees). After onboarding, you introduce the client to their dedicated attorney who will lead the petition drafting.
This is a critical phase. Sineva’s legal team works closely with the client to collect all supporting evidence and draft the materials that will go into the petition.
Once the petition packet is complete – including
all letters, exhibits, the petition letter (legal brief arguing how the case meets the NIW criteria) and forms – Sineva’s legal team will assemble and file the I-140 with USCIS. This is an exciting milestone. The package can be quite voluminous (hundreds of pages), but we handle all that.
USCIS will review the NIW petition. In regular processing, this can take anywhere from about 6 to 12 months on average as of early 2025. Sometimes it’s longer (some cases 15+ months if backlogged). With premium processing, we expect an answer within 45 days (about 6-7 weeks) – the result could be an approval, denial, or an RFE (Request for Evidence).
Once the I-140 is approved, the case moves to the final
green card stage. But first, we must ensure a visa number is available. EB-2 is subject to annual quotas by country. For clients from most countries (Europe, Latin America, etc.), visa numbers are typically current, meaning no wait – they can proceed immediately.
Finally, the green card is granted! If adjusting in the U.S., the approval might come via mail (sometimes without interview). The client gets the I-485 approval notice and then the physical green card (10-year Permanent Resident Card) in the mail a few weeks later. If through consulate, they enter the U.S. and receive the card by mail after entry.
Sineva’s service doesn’t necessarily end at the green card. We may offer or the client may request assistance with things like career networking, starting their business (if they came as an entrepreneur), or later down the line citizenship filing (after 5 years of residency).
Our internal preparation process—which includes consultation, document collection and drafting—depends largely on how quickly the client provides the necessary information. On average, preparing a complete and well-documented application can take a few weeks.
Once the petition is submitted, the wait time for an interview varies based on the specific consulate and the time of year. Some consulates may offer relatively quick appointments, while others could experience longer delays depending on demand and backlog.
Decisions are often made at the time of the interview or shortly thereafter. Once approved, the visa is typically issued and the passport returned within a reasonable timeframe, depending on the consulate’s internal processing capacity.
While uncommon in consular cases—since the full application is presented in advance—RFEs may occur more frequently in change of status cases filed with USCIS. If issued, an RFE can introduce additional processing time. Our goal is to reduce this risk through thorough and strategic preparation.
For clients renewing from within the United States, processing times for status extensions through USCIS can vary. Average timelines tend to span several months under standard processing, depending on USCIS workload and service center.
I recommend their full relocation package for anyone serious about moving to the U.S.
I had zero experience in U. SI startups, but They guided me from day one.
Gracias a su asesoría mi familia y yo pudimos a emigrar con tranquilidad y confianza
Gracias a su asesoría nuestra familia pudo emigrar con tranquilidad y confianza
We outline actionable steps to scale your business effectively, including marketing, operational milestones and customer acquisition strategies.
We work with you to develop a funding structure that supports your specific objectives, whether it’s launching a new product, expanding your market, or increasing production capacity.
At Grupo Sineva, we provide comprehensive support to simplify the Business Immigration process, ensuring your business meets all requirements and submits a strong application.
We don’t just manage your visa; we build the path to a life without borders with you.
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