In the US, one ideal type of employment-based immigration visa is the EB2 NIW (National Interest Waiver). It is intended for foreign nationals who can prove that their work is of national relevance to the United States and who have extraordinary talent in their professions.
Applicants for an Employment-Based Immigration EB-2 green card may be eligible for a National Interest Waiver (NIW) if their job or research is considered of national interest to the United States. The petitioner obtains legal permanent residency in the United States by getting an EB-2 NIW.
The applicant must first submit Form I-140, also known as the “Immigrant Petition for Alien Worker,” in order to apply for an EB-2 visa. The candidate may submit this petition on their own behalf, without a job offer or prior permanent labor certification (PERM), according to the NIW.
Let’s discuss in detail how to apply for an EB-2 NIW visa and how our EB-2 NIW immigration services can help.
What’s Unique About the EB-2 NIW Visa?
These factors make this work certification special:
Quicker Processing Time:
EB-2 NIW processing time is quicker than those for other employment-based visas since it does not involve the typical labor certification procedure.
Employer Sponsorship Is Not Necessary
The EB-2 NIW visa does not require a job offer from a U.S. firm, in contrast to the majority of employment-based visas. You have to show that your work will benefit the United States as a whole.
Waiver of National Interest
The regular labor certification procedure can be waived for national interest under the EB-2 NIW visa, so you won’t have to demonstrate that there are no competent U.S. workers available for the job you’re looking for.
Adaptability in Employment Placement
There is flexibility in work placement with the EB-2 NIW visa. When applying for the visa, you are not required to have a specific employer or work offer in mind. As long as it serves the interests of the United States as a whole, you are free to work for any company or in any industry.
Self-Study
You can self-petition for the EB-2 NIW visa, which eliminates the need for a sponsor or U.S. employer to file on your behalf.
How to Apply for an EB-2 NIW Visa USA?
The steps involved in the EB-2 NIW application process are as follows:
1. Getting ready
The preparation of the necessary paperwork, including publications, letters of recommendation, and proof of extraordinary skill and effect, is the first step in the EB-2 NIW visa application process.
Depending on how complicated your case is and how much paperwork is needed, this could take weeks or months.
2. Making a filing
The application needs to be submitted to the U.S. Citizenship and Immigration Services (USCIS) after it is ready.
Depending on the thoroughness of the application and USCIS’s workload, the file processing time may vary. USCIS usually takes a few weeks to a few months to review and approve the application.
3. Examining
Following acceptance, the application is carefully examined by USCIS. USCIS may ask for further information or supporting paperwork to bolster the applicant’s case during this assessment, which could take many months.
4. Evaluation
USCIS will make a determination about the EB-2 NIW visa application following the conclusion of the review.
Although the time frame for this decision can change, it typically takes four to six months from the filing date.
5. Issuance of Visas
You can start the visa application procedure if your EB-2 NIW application is accepted.
This usually entails an interview, which may take weeks or months to arrange, with a U.S. consulate or embassy in the applicant’s home country.
EB-2 NIW Requirements:
The following criteria should be taken into account when trying to get an EB-2 NIW National Interest Waiver.
- Waiver of National Interest (NIW)
- A Master’s degree or extraordinary talent
Obtaining National Interest Waiver (NIW) for EB-2:
The requirements that you must meet are as follows:
Become an EB2 Immigrant:
One unique feature of the EB2 immigrant category is the EB2 National Interest Waiver (NIW). In addition to the usual eb2 niw visa requirements, it adds new criteria.
You must first fulfill the requirements for EB2 in order to be eligible for an NIW.
Your American Project Is Important:
- Prove the worth and significance of your proposal for the nation.
- Substantial Merit: Your efforts should be worthwhile in an area that is significant to the United States.
- National Importance: Consider how your work can benefit American workers, strengthen the economy, and have an impact on the country.
Your Project Is Ready for You:
- Show that you are prepared to see your project through to completion.
- USCIS considers your training, abilities, expertise, prior achievements, plans, development, and other people’s interest.
- It’s not about promising success; it’s about demonstrating your readiness.
Advantages for the United States of Ignoring Certification and Job Offers:
USCIS looks into whether:
- You have trouble getting a job offer.
- It is difficult for your employer to obtain a certification.
- The United States benefits from your labor even if there are other competent American workers.
- Ignoring the certification process is justified due to an urgent national interest.
Guidelines for EB-2 NIW Premium Processing:
Regarding the National Interest Waiver (NIW), the pertinent statutes do not provide a list of papers that must be submitted.
This implies that USCIS personnel consider each case individually while making decisions. Nonetheless, USCIS provides some useful guiding ideas.
For example, while deciding whether an applicant is “well-positioned” to carry out their plan, officials take into account a number of variables, such as:
- Qualifications
- Experience in the applicant’s field
- Relevant knowledge
- A clear plan detailing the next steps
- Documents showing the applicant’s progress toward their objective
- Proven interest from users, customers, stakeholders, or other parties involved
The likelihood that the applicant will receive a job offer or labor certification based on their skill set.
Also, the major benefit of the applicant’s work to the United States, independent of its effect on American workers in a similar field.
And the urgency of the applicant’s skill set for the United States are some of the factors officers take into account when determining whether avoiding the PERM certification requirement would benefit the United States.
Supporting Claims:
The following examples show how candidates could use these elements to support their claims:
- Entrepreneurs may contend that it is impractical for a business owner to obtain a qualification or a job offer.
- Scientists may claim that their work is urgently needed to prevent illness or save lives; applicants may argue that their work is essential for the greater good, regardless of whether American citizens are currently working on similar topics.
This method assists applicants in making a strong case for the NIW by coordinating their particular situation with the USCIS-established guidelines.
FAQs
What Is EB-2 NIW?
Foreign nationals who possess advanced degrees or extraordinary talent in the arts, sciences, or business can avoid the labor certification process that is necessary for the majority of employment-based visas by applying for the EB-2 NIW visa.
What is Form I-140 and EB-2 NIW green card processing time?
Depending on where the applicant files, the Green Card processing time for Form I-140 might range from 10.5 to 26.5 months.
The applicant must then check the U.S. Department of State’s Visa Bulletin to determine if a green card is available after receiving a notice of approval. See the Boundless guide to reading the Visa Bulletin for additional details.
The candidate can begin the green card application procedure as soon as a visa becomes available.
They must file Form I-485 if they are applying from within the US. USCIS may take more than two years to process the application, while waiting times vary by location.
If applying from abroad (via consular processing), the applicant will likely wait between 4 and 6 months.
What are the benefits of the EB-2 NIW visa?
Major benefits include:
- The ability to self-petition
- Bypass the labor certification procedure
- Work in your field of competence without being restricted by an employer
- Having a direct road to permanent residency (green card)
How much does the EB-2 NIW cost?
In order to submit form I-140, the NIW petitioner must first pay $715. Depending on the applicant’s residence, the cost will change when the I-140 is authorized.
The filing fee for Form I-485, also known as the “Application for Adjustment of Status,” must be paid by the applicant if they are currently residing in the United States. The cost of the medical examination, which can be anywhere from $200 to $400, will also need to be covered.
They must apply through consular procedures if they currently reside overseas. The processing charge for consular visas for employment-based green cards is $345.
For Form I-140, do I need to supply evidence for the NIW, the advanced degree, and the exceptional ability?
No. It goes without saying that you will need proof to back up your request for a National Interest Waiver. After that, you will have to provide proof for either the advanced degree category or the exceptional ability category.
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