The EB-2 National Interest Waiver differs from other EB-2 Green Card categories by allowing applicants to obtain a Green Card without requiring a job offer from a U.S. employer or a PERM Labor Certification.
EB-2 NIW (National Interest Waiver) Green Card is a special type of visa that allows individuals with exceptional talents to obtain permanent residency and work in the United States. TheEB-2 NIW (National Interest Waiver) Green Card is intended for individuals with outstanding achievements in the sciences, arts, or business who can contribute to the national interests of the United States. The EB-2 NIW is advantageous because it does not require employer sponsorship and eliminates the need for a PERM Labor Certification.
Who is eligible for EB-2 NIW?
The EB-2 NIW is eligible for individuals with the following qualifications
- Individuals with Advanced Degrees: Holders of a master’s or doctoral degree from a U.S. or equivalent university.
- Exceptional Talent Holders: Individuals with exceptional talents in the sciences, arts, or business and nationally or internationally recognized achievements.
Criteria for Application
In order to apply for an EB-2 NIW, the applicant must meet the following three criteria:
- Work in Areas of National Importance: The applicant must demonstrate that his or her work will contribute to the national interests of the United States.
- Competence to Carry Out Own Work: The individual must demonstrate that he or she is qualified and competent to carry out the national interest objectives.
- Protection of the National Interest: The applicant must demonstrate that the exemption from the job offer or labor certification requirement will further the national interest of the United States.
EB-2 NIW Application Process
- The applicant must analyze his/her eligibility for the EB-2 NIW based on his/her education, skills and career goals.
- Preparation of Required Documents
- Education documents (diplomas, transcripts).
- National or international awards.
- Publications, patents and letters of reference.
- Resume documenting career history and accomplishments.
- Submitting the I-140 Form
- The applicant fills out the I-140 Immigrant Petition form and submits it to USCIS along with the required documents.
- After completing the I-140 form in the application, the DS-260 form must be completed.
- Change of Status or Consular Processing
- Those who are in the US: Apply for change of status with Form I-485.
- Those outside the US: Apply for an immigrant visa through the consulate.
- Biometric Appointment and Interview: Biometric data such as fingerprints and photographs are taken. The applicant may be called for an interview.
Frequently Asked Questions
The EB-2 National Interest Waiver (NIW) Green Card is an excellent immigrant visa option for individuals with exceptional talents in the sciences, arts, or business who will greatly benefit the US economy. It allows you to apply without a PERM Labor Certification, making it possible to obtain a Green Card without employer sponsorship. As Marsan Akguc Law Firm, we are here to provide you with professional support in your EB-2 NIW Green Card applications and to guide you through the entire process. You can contact our expert team to ensure your applications are completed efficiently and successfully.
No, no job offer or employer sponsorship is required for EB-2 NIW.
The duration varies depending on the processing intensity of USCIS, but usually takes 10-20 months.
Yes, your spouse and children under 21 can be included in your application.
For rejected applications, you can reapply by correcting your deficiencies or you can appeal with professional support.
Yes, EB-2 NIW applications can be filed independently. However, professional support is recommended as the process can be complex.
It can be evidenced by publications, awards, letters of reference and documentation of your contributions at national/international level.
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