I’ve heard that the EB-2 NIW can only be obtained while you’re inside the United States. How true is that? Is it realistic to file for the EB-2 NIW on your own from Russia without a lawyer?
You can apply for the EB-2 NIW (National Interest Waiver) from any country; you don’t have to be in the U.S. That’s the whole point of the NIW — you don’t need a specific employer, unlike the regular EB-2 where a job offer is required and the employer files a ton of paperwork for you. An attorney isn’t formally required, but the petition is specialized — you need to prove yourself that you’re valuable enough to the country to be able to find a job after relocating. It’s tough without experience with immigration documents, but it’s doable.
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Thanks, that’s clearer. Could you tell me roughly how long it took you to collect the documents yourself?
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It took me about three months in my spare time to gather everything — it was for an EB-1, but the amount of work for an NIW is roughly the same. The longest part isn’t collecting the paperwork, it’s writing the narrative — why the country needs you, why it can’t do without you. You can’t just download it and fill it out in one evening. By the way, there’s an article on the forum analyzing real NIW cases — it’s useful to read before you sit down to write.
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By the way, there’s a middle option — put the case together yourself and hire a lawyer only for the final review or filing. It’s cheaper that way, and you keep control of the process. That’s exactly how I did it with EB-1 — I technically had a lawyer, but I prepared all the forms and documents myself.
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