What is NIW (National Interest Waiver)?
For an EB2 NIW (National Interest Waiver) case, the foreign national can self-petition the case. The petition not only needs to establish the foreign national's qualifications under EB2, but also demonstrate that the qualifications satisfy the National Interest Waiver requirements (three-prong test in the Matter of Dhanasar decision).
Can a foreign national file EB2 NIW (National Interest Waiver)?
A foreign national may file his/her own EB2 NIW (National Interest Waiver) petition or an employer can petition for the foreign national. What does EB2 NIW (National Interest Waiver) waive? The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment.
What is an NIW and how do I get one?
To clarify further, an NIW is a waiver obtained via a foreigner who wants to have working authorization in the United States without a job offer. The USCIS grants NIWs to individuals who are exceptionally talented in their field, and thus it would be in the United States' “national interest” to admit such individuals to the United States.
What is the EB2 NIW approval rate for US immigration law?
However, we at North America Immigration Law Group have successfully helped more than 10,000 clients obtain EB2 NIW (National Interest Waiver) approval, with the overall approval rate close to 100%. Who can file a petition under EB2 NIW (National Interest Waiver)?
How do you qualify for NIW?
Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification.
Is NIW same as green card?
A national interest waiver is a method of obtaining work-based U.S. lawful permanent residence (a green card) without an employer as the sponsor, which can be used if you are engaged in work that benefits the United States economy, education system, health, or some other aspect of society.
How long does it take to get NIW approved?
between 3 and 9 monthsYou can generally expect NIW processing time for the USCIS to adjudicate applications to take anywhere between 3 and 9 months. Although there is always the possibility that it could take longer if you are issued a Request for Evidence (RFE).
What is an EB-2 visa who qualifies for it?
EB-2 visas are available to professionals holding advanced university degrees and persons of exceptional ability in the sciences, arts, or business. The law allows foreign nationals to obtain a U.S. immigrant visa and green card through employment if they qualify under one of five preference categories.
What happens after NIW approval?
After your NIW case is approved, and USCIS has mailed you or your attorney an approval notice, the final step is securing your green card. If an immigrant visa number is available and you have not yet applied for an adjustment of status, this is the time you'll need to do so.
How many citations do I need for NIW?
If you are not from China or India, you will almost never file in the EB-1A category, and to win your NIW case, you should aim for at least 75 citations.
What is the benefit of NIW?
The national interest waiver has the following advantages over the traditional labor certification route to a green card: Does not require a labor certification. Does not require a permanent job offer in the United States. Faster than the labor certification process.
Is there an interview for NIW green card?
As you might know, interview with USCIS officer is required now even for employment-based green cards.
Is EB-2 NIW difficult?
Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for "national interest".
Is EB2 a green card?
The EB2 visa is a green card option available to those with exceptional ability or advanced degrees. There are three categories under EB2. The EB2-A category is for those who hold advanced degrees. The EB2-B category is for those with exceptional ability.
How hard is it to get an EB2 visa?
How Do I Qualify For an EB-2 Visa with Exceptional Ability? Applicants in this category must prove exceptional ability. That means you are better than most people in the field of sciences, arts or business. You must also have at least 10 years' experience working in your field and a confirmed US job offer.
How much does an EB2 visa cost?
EB-2 Visa Cost The cost for filing Form I-140 (officially called the “Immigrant Petition for Alien Workers”) is $700. It's important to note that this fee is to be paid by the employer sponsoring the prospective job applicant.
Is EB-2 NIW a green card?
If your EB-2 NIW petition is approved, your immediate family (your spouse and unmarried children under 21) may be eligible for admission to the United States. They can submit applications for a green card as a dependent of the card holder. You may be eligible for a green card through the EB2-NIW visa petition.
What is the difference between NIW and EB-1?
What are the advantages of one over other in case one applies and gets them approved. I feel in NIW one is restricted to work in a very narrow specific area where the approval happened. But in EB1 Extraordinary Ability, one is free to work in any area of one's field- related or unrelated.
Is EB-2 a green card?
The EB2 Visa, or EB2 Green Card, is a second preference employment-based visa that allows for permanent resident status. It is available for foreign nationals who hold an advanced degree or equivalent. You must also prove your “exceptional ability”, meaning significant expertise in your field.
Is NIW same as EB-1?
One of the greatest differences between the NIW and the EB-1 green card outside of the requirements is the processing time. Unlike the EB-1, the NIW does not allow for premium processing, which would reduce the petition's processing time to just 15 days for an additional fee.
Why is the National Interest Waiver Visa so popular?
It’s popular because there is flexibility in determining who qualifies and it isn’t tied to a specific occupation. Even though it’s an employment-based visa, applicants don’t need a job offer or a labor certification to apply.
What are the requirements for a national interest waiver?
Requirements for the National Interest Waiver Visa. In order to be granted a NIW, you must pass a three-part test called the Dhanasar framework: Part one: What you will do while in the U.S. is important and will benefit the nation. Part two: You have the necessary experience and skills to be successful.
What If My NIW is Denied?
Like anything else in immigration law, there is always the possibility that your petition will not be approved. If you’ve experienced an NIW denial or are looking to avoid it, here are some common reasons:
What is a letter of recommendation for NIW?
Letters of recommendation or support letters help to reinforce your NIW case if they can demonstrate national interest and can also show that you have had an impact within your respective field which highlights your work’s benefits. These letters can be from high-level managers, former employers and colleagues, or anyone else familiar with the benefits of your work.
Why do employers need to offer prevailing wage?
This is why U.S. employers need to offer the prevailing wage and determine that no qualified U.S. workers are available to take the position.
How long does it take for a national interest waiver to become current?
Despite successfully obtaining a National Interest Waiver, you will still need to wait until your priority date is current . The priority date is the day that the USCIS receives your I-140 petition. You will need to check the monthly visa bulletin released by the Department of State to see if your priority date matches up to the final action date give in the EB-2 category for your country of origin. For some countries, the priority date takes several years to become current, but for others, it can be no time at all.
What is an EB-1 green card?
EB-1 green card for managers, executives, and people with extraordinary achievements.
What is the final requirement for an EB-2?
The final requirement is that the applicant must present evidence that the U.S. would benefit on balance to waive the job offer criteria for an EB-2. “On balance” simply means that the advantages of waiving the job offer requirement outweigh the advantages of not waiving it.
Can a foreigner file an I-140 without an employer?
The National Interest Waiver (NIW) allows a foreign national to “self-petition,” and file an I-140 on behalf of himself/herself without the involvement of an employer and a labor certification application. For almost two decades, the Matter of New York State Department of Transportation (NYSDOT) severely limited the availability ...
How long do you have to work for a NIW?
You must agree to work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years. You must work in a primary care (such as a general practitioner, family practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician.
Why do doctors get national interest waivers?
One reason USCIS may grant the national interest waiver is because a physician agrees to work for a period of time in a designated underserved area.
What is a NIW lawyer?
Our NIW lawyers are skilled in creating strong and convincing EB2 national interest waiver applications. We work closely with you to ensure that your background and proposed endeavor are presented in the best manner possible. Our attorneys give your case the attention and care it deserves.
What is the difference between EB2 NIW and EB2 Exceptional Ability?
The biggest difference between the EB2 NIW and the EB2 Exceptional Ability category is the Labor Certification. Labor Certification requires an employer to test the job market and sponsor you for a green card. When you ask for a national interest waiver, you are telling the government that you do not need a job offer and Labor Certification .
How to apply for EB2 waiver?
You apply for an EB2 National Interest Waiver by submitting to USCIS Form I-140 Petition for Alien Worker and all supporting evidence. You must also submit all applicable immigration fees.
What is an EB2 visa?
The Employment Based second preference category of visas (EB2) are for professionals with an advanced degree or who have exceptional ability in the arts, sciences, or business. These individuals have the option of pursuing a green card through employment sponsorship or through a national interest waiver (NIW).
What is exceptional ability in immigration?
Immigration law defines exceptional ability as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” To show exceptional ability, you must work in the sciences, arts, or business. You must also meet at least 3 out of the 6 criteria described below:
What is the form I-485?
If you are in the United States with a non-immigrant visa, you can submit Form I-140 and an Application for Adjustment of Status (Form I-485). This means that you will appear for an interview at your local USCIS office. You can also receive employment authorization and travel authorization before your case is decided.
What is evidence of a high salary?
Evidence that you command a high salary for your work. You are a member of a professional association. You received recognition/awards for your achievements or contributions to your industry. However, it is best to meet more than the minimum requirements to increase your possibilities of approval.
How do I know if I am qualified under EB2 NIW (National Interest Waiver) category?
This question can be easily answered by sending our attorneys your resume. Send us your resume to our attorney today at [email protected].
What are the differences between Regular EB2 visa and EB2 NIW (National Interest Waiver) petitions?
The foreign national is called the "beneficiary". The petition needs to establish the qualifications of the foreign national (an individual with advanced degree or exceptional ability). For an EB2 NIW (National Interest Waiver) case, the foreign national can self-petition the case.
What does EB2 NIW (National Interest Waiver) waive?
The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment.
What is an advanced degree for the purpose of EB-2 visa?
Advanced degree for the purpose of EB-2 visa is a United States advanced degree (degrees above a bachelors) or a foreign equivalent degree.
What is the EB2 NIW approval Rate?
The USCIS has never released information regarding the overall EB2 NIW approval rate. North America Immigration Law Group has maintained a high approval rate for this category.
What supporting evidence will best show that the foreign national will significantly contribute to the national interest?
Below is a list of evidence commonly included with our EB2 NIW (National Interest Waiver) petitions to demonstrate this aspect, as well as explanations for how each type of evidence can satisfy the requirements for EB2 NIW (National Interest Waiver).
How many publications and citations are sufficient to meet EB2 NIW (National Interest Waiver) requirements?
There is no specific minimum publication or citation requirement; rather, it is determined by USCIS on a case-by-case basis.
