How long does the process take?

With premium processing, USCIS issues an I-140 decision within 45 business days. From there, if you're adjusting status inside the U.S., the full green card timeline is typically 8–14 months. Right now, EB-2 NIW priority dates are current for most countries — meaning there is no waitlist once your petition is approved.

What if I received an RFE or was denied before?

A prior denial or Request for Evidence is not the end. The most common reason petitions are denied is weak legal framing or insufficient evidence — both of which are solvable. We've successfully reversed denials and responded to RFEs for clients who came to us after being turned down elsewhere. The first step is understanding exactly why the prior case failed.

Do I need an employer or job offer?

No. The EB-2 NIW is one of the only green card pathways that allows you to self-petition — you file entirely on your own behalf. No employer sponsor. No labor certification. You can be employed, self-employed, or between roles. Once approved, you're free to work for any company, start a business, or change careers.

Can my family be included?

Yes. Your spouse and any unmarried children under 21 are included as derivative beneficiaries — they receive their green cards alongside you. Your spouse will also be eligible to apply for work authorization while the case is pending.

— Immigration· Second Preference visa

EB-2 NIW

National Interest Waiver

If your work benefits the United States — in science, technology, business, healthcare, or beyond — you may be able to self-petition for a green card without an employer, without a job offer, and without labor certification.

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93%

Approval Rate

On EB-visas Green Card with Ballon Stoll P.C. in 2025

4k+

Green Cards Approved

Immigration visas, including EB-1A, EB-2 NIW, Asylum, Family-based, etc.

10k+

Resolved Cases

Including immigration, litigation, real estate, corporate, etc.

What is EB-2 NIW?

The EB-2 National Interest Waiver is a second-preference employment-based green card for professionals with an advanced degree or exceptional ability, whose work carries significant benefit to the United States.

No employer

File on your own behalf — no company sponsor needed, no dependence on an employer's timeline.

"National interest" is broader than you think

Researchers, entrepreneurs, physicians, engineers, and educators qualify every year. A consultation will tell you exactly where you stand.

45 days

USCIS can issue an initial decision on your I-140 petition within 45 business days with Premium processing.

Family included

Your spouse and unmarried children under 21 can be included in your petition for permanent residency.

No labor certification (PERM) required

This is one of the most significant time-savers — no waiting for the DOL process that can take years.

The EB-2 NIW Priority Date is "current"

EB-2 NIW is current for almost all countries, meaning there is no waitlist once your petition is approved.

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EB-1A for Aliens with Extraordinary Ability

Who it’s for:
Individuals who can demonstrate sustained national or international acclaim in their field (arts, sciences, business, education, athletics).

Quick facts:

No job offer or employer sponsorship required (self-petition eligible).

Must show evidence like major awards, publications, press, or industry recognition.

Usually not subject to visa backlogs, making it one of the quickest paths to a Green Card if you qualify.

EB-1B: Outstanding Professors and Researchers

Who it’s for:
Individuals who can demonstrate sustained national or international acclaim in their field (arts, sciences, business, education, athletics).

Quick facts:

No job offer or employer sponsorship required (self-petition eligible).

Must show evidence like major awards, publications, press, or industry recognition.

Usually not subject to visa backlogs, making it one of the quickest paths to a Green Card if you qualify.

EB-1C: Multinational Managers or Executives

Who it’s for:
Individuals who can demonstrate sustained national or international acclaim in their field (arts, sciences, business, education, athletics).

Quick facts:

No job offer or employer sponsorship required (self-petition eligible).

Must show evidence like major awards, publications, press, or industry recognition.

Usually not subject to visa backlogs, making it one of the quickest paths to a Green Card if you qualify.

How We Prepare Your Case

Case Evaluation & Eligibility Assessment

We review your background, degree, publications, and career to assess your case for the EB-2 NIW. You leave the consultation knowing exactly which path is best for you.

1

2

Defining Your National Interest Endeavor

We work with you to define and articulate your proposed work in the U.S. — framing it in terms of substantial merit and national importance.

3

USCIS Filing

We handle the preparation, review, and submission of all required USCIS forms — I-140 (Immigrant petition), I-485 (Adjustment of Status), I-765 (Employment Authorization), I-131 (Travel Authorization)

4

Approval & Green card

Once your I-140 is approved, we guide you through the final steps — adjustment of status or consular processing — until your green card is in hand. If USCIS issues a Request for Evidence (RFE) at any stage, we prepare a strong response to it.

Our Immigration Attorneys

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What Clients Say

"I just recently successfully got my green card. All of this is inseparable from Ballon Stoll P.C. law firm. I really appreciate their help. If you need an immigration lawyer, I highly recommend their team. 5 stars services, the best!"

Meet Our Clients

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Professions we've helped earn EB-1A approval

Researchers & scientists

Engineers & technologists

Artists & designers

Academics & educators

Business executives

Founders & entrepreneurs

Athletes & coaches

Finance professionals

Physicians

Journalists & authors

Managers

Marketing strategists

Food Professionals

& many more

Let’s Answer Your Questions

The EB-2 NIW is for professionals whose work benefits the United States — and the bar is more achievable than most expect. To qualify, you need two things. First, an advanced degree — a master's, Ph.D., or the foreign equivalent — or a bachelor's degree plus at least five years of experience in your field. Second, your proposed work in the U.S. must carry national importance in fields like science, technology, healthcare, education, or business.

The majority of our EB-2 NIW clients are based outside New York — across the U.S. and around the world. Immigration is a matter of federal law, which means we can represent you regardless of where you live. Consultations, document review, and the entire preparation process can be handled seamlessly by phone, video, and email. That said, if you're in New York or visiting, you may visit our office at 1675 Broadway.

Get to Know Us

EB-1A (First Preference)

Important Updates from USCIS

We would like to inform you of significant changes that will impact immigration applications and petitions. U.S. Citizenship and Immigration Services (USCIS) has published its final rule on fee adjustments, marking the first major revision since 2016. These changes are set to address the agency's operational and financial challenges and will take effect on April 1, 2024. Applications postmarked after this date will be subject to the new, increased fees.

Our Clients' Approvals

More Immigration Options

EB-1A

The EB-1A is a first-preference employment-based green card for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.

EB-3 — Employer Visa

We advise clients across immigration, corporate, real estate, litigation, tax, trusts and estates, arbitration, bankruptcy, and more.

EB-5 — Investor Visa

For foreign nationals who invest a minimum of $800,000–$1,050,000 in a U.S. business. A direct path to a green card through investment — no employer, no job offer required.

— Immigration· Second Preference visa

What is EB-2 NIW?

How We Prepare Your Case

Case Evaluation & Eligibility Assessment

We review your background, degree, publications, and career to assess your case for the EB-2 NIW. You leave the consultation knowing exactly which path is best for you.

Defining Your National Interest Endeavor

We work with you to define and articulate your proposed work in the U.S. — framing it in terms of substantial merit and national importance.

USCIS Filing

We handle the preparation, review, and submission of all required USCIS forms — I-140 (Immigrant petition), I-485 (Adjustment of Status), I-765 (Employment Authorization), I-131 (Travel Authorization)

Approval & Green card

Once your I-140 is approved, we guide you through the final steps — adjustment of status or consular processing — until your green card is in hand. If USCIS issues a Request for Evidence (RFE) at any stage, we prepare a strong response to it.

Meet Our Clients

Professions we've helped earn EB-1A approval

Researchers & scientists

Engineers & technologists

Artists & designers

Academics & educators

Business executives

Founders & entrepreneurs

Athletes & coaches

Finance professionals

Physicians

Journalists & authors

Managers

Marketing strategists

Food Professionals

& many more

Let’s Answer Your Questions

Do I qualify for the EB-2 NIW?

How long does the process take?

What if I received an RFE or was denied before?

Do I need an employer or job offer?

Can my family be included?

Do I need to come to your New York office in person, or can we work remotely?

CATEGORY

EB-1A (First Preference)

Our Clients' Approvals

More Immigration Options