FAQ - National Interest Waiver (EB-2 NIW) Green Cards for Airline Pilots

1. What is a National Interest Waiver green card?

An EB-2 National Interest Waiver is a type of employment-based green card. These green cards are available for individuals who can prove that they will work in a field that will benefit the United States as a whole, that they are qualified to advance this field, and that it would be worthwhile for the United States to waive the requirement of having a job offer for a particular position.

EB-2 National Interest Waivers are one of the few “self-sponsored” green cards available. Applicants are not required to have an employer sponsor or to have a US job offer in hand. Instead, individuals can apply themselves if they can show that they will work in a field beneficial to the United States, that they are qualified to advance this field, and that there is a good reason why they should be “exempt” from having to show a job offer in this position.

Historically, EB-2 National Interest Waivers have been popular options for scientists, researchers, teachers, and physicians. Today, EB-2 National Interest Waivers are also well-loved options for entrepreneurs, business owners, and most recently, pilots.

2. What are the requirements for an EB-2 NIW?

To qualify for an EB-1 National Interest Waiver, applicants must show

1) That they either have an advanced degree OR meet three of the following criteria:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

Applicants must then prove that:

• The applicant’s proposed field of work in the United States has both substantial merit and national importance.
• The applicant is well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer (and the normal green card process requiring this

3. Do pilots qualify for EB-2 NIW? Can I get a green card as a pilot?

Yes – many pilots are excellent candidates for EB-2 National Interest Wavier applications.  In particular, pilots with experience as line training captains or examiners are especially strong candidates.

4. What is the success rate of EB-2 NIW applications?

The approval rate of EB-2 NIW applications is often quite high. In the first three quarters of 2022, USCIS received 15,057 EB-2 NIW petitions, of which 92 percent were approved. Please note that these statistics reflect the approval rates of all EB-2 NIW petitions, not just those filed for airline pilots.

5. Are pilots in demand in the US?

Pilots are in high demand due to an ongoing pilot shortage and the uptick in travel after the COVID pandemic. The United States is one of the largest air transport markets in the world. Many large commercial airlines, such as Delta, United, Southwest and American Airlines, are aggressively recruiting for new pilots to join their teams after the companies had significant layoffs during the pandemic, when air travel came to a halt. To combat the ongoing shortage, carriers are competing for qualified pilots to join their ranks.

According to various news reports, US airlines have hired more pilots in 2022 than in any years since 1990.

6. Who are the strongest applicants for NIW pilot applications?

Many experienced pilots would qualify for the EB-2 NIW. However, the strongest applicants also have experience as flight teachers, line training captains, or in a supervisory capacity. Applicants with over 10 years of experience as commercial pilots are also strong candidates.

7. Can I apply for a NIW myself? Does a EB-2 NIW require sponsorship?

EB-2 National Interest Waiver green cards are one of the few green card options that do NOT require sponsorship from a US employer. Qualified applicants can self-sponsor and apply without the support of a US employer or an job offer from a US company. This makes EB-2s a great option for individuals living outside of the US who will begin the job search after receiving the green card.

8. What are the advantages of NIWs for pilots?

The main advantage is that no employer sponsorship is required for this green card. Pilots are able to sponsor themselves for a green card without the support of an airline or without a US job offer in hand. This makes the EB-2 NIW a more flexible option for professionals without an employer connection in the US.

9. How long does it take to get an EB-2 NIW?

The processing time for these applications vary. As of February 2023, the average processing time for the first step of the application – the I-140 petition – are between 16 and 19 months. 

10. Is premium processing available for EB-2 NIW petitions?

Yes. As of January 30, 2023, all EB-2 National Interest Waiver petitions may be filed with premium processing, which requires USCIS to adjudicate the petition within 45 calendar days of receipt. Premium processing requires an additional $2,500 government filing fee.

11. Do you need a job offer for an EB-2 NIW?

No. EB-2 NIW applicants are not required to have a job offer from a US employer. National Interest Waiver applicants can self-sponsor their green cards and must only submit a personal statement that confirms their intent to continue working in their field upon approval of the green card.

12. If I get a EB-2 NIW, will my spouse and children also receive green cards?

Yes – all dependents, including spouses and children under 21 – of the applicant are also eligible to receive green cards through the principal applicant.

13. How much does a EB-2 NIW application cost?

The government filing fees for the EB-2 NIW are $700 for the I-140 petition and either $1,225 (if filing an Adjustment of Status from within the US) or $345 per applicant (if filing through consular processing). For information about our legal fees, please contact us directly at ayla@adomatimmigration.com