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EB2 National Interest Waiver
Learn About EB2 NIW Requirements And Eligibility Criteria
The EB-2 National Interest Waiver (NIW) is a category of employment-based immigrant visa classification for foreign nationals seeking permanent residency (green card) in the United States. The NIW is unique because it allows individuals to potentially bypass the labor certification process and the need for a specific job offer from a U.S. employer. Instead, it permits foreign nationals to self-petition for a green card if they can demonstrate that their work is in the national interest of the United States.
Here are key points about the EB-2 National Interest Waiver:
- Eligibility: To qualify for an EB-2 NIW, you must meet the following criteria:
- Hold an advanced degree or have exceptional ability in your field (science, arts, business, or athletics).
- Show that your work has a substantial impact on your field or has significant national importance.
- Prove that it is in the national interest of the United States to waive the labor certification requirement and the need for a specific job offer.
- Advanced Degree or Exceptional Ability: You must have an advanced degree (master’s or higher) or exceptional ability in your field. Exceptional ability is typically demonstrated through a record of outstanding achievements and recognition.
- National Interest: Proving that your work is in the national interest is a critical aspect of the NIW. You must demonstrate that your work benefits the United States in a way that is beyond the contributions made by other professionals in your field. This can be challenging, and applicants often need to provide extensive evidence.
- No Specific Job Offer Required: Unlike other employment-based green card categories, the EB-2 NIW does not require a specific job offer from a U.S. employer. This means that you can self-petition for the green card.
- Application Process: The EB-2 NIW process involves filing Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). You must provide evidence to demonstrate your qualifications, the national interest of your work, and the impact of your work in your field.
- Priority Date: Once the I-140 petition is approved, you will receive a priority date, which determines when you can apply for an adjustment of status (Form I-485) if you are already in the United States or when you can apply for an immigrant visa if you are outside the U.S. The wait time for visa numbers varies depending on your home country and visa bulletin.
- Waiver of Labor Certification: One of the significant benefits of the EB-2 NIW is the waiver of the labor certification process, which is typically required for other employment-based green card categories and can be time-consuming and complex.
- Legal Assistance: Due to the complex nature of the NIW process and the need to provide strong evidence, many applicants seek legal assistance from immigration attorneys or experts to help prepare a strong NIW petition.
The EB-2 National Interest Waiver is a favorable option for individuals who have made significant contributions in their fields and can demonstrate the national interest of their work. It allows for more flexibility in pursuing permanent residency in the United States without the need for a specific job offer. However, it’s crucial to ensure that your application is well-prepared with compelling evidence to support your case.
✔No IELTS Required
✔No Age Issues until 55 years
✔You can bring your kids under 21 years
✔NO Bank Statement
✔No Job Confirmation is required for this Green Card (USA)
✔Simple and straight process for 9 to 12 months
✔No points System like Canada Australia or New Zealand
Government link: https://www.uscis.gov/green-card