EB-2 National Interest Waivers (NIW) can be a viable option for individuals seeking a Green Card in the United States. The NIW allows individuals to contribute their work to the United States to benefit U.S. society without requiring employer sponsorship or a labor certification.
To be eligible for an EB-2 NIW, individuals must demonstrate exceptional ability or hold an advanced degree in extraordinary ability. They must also show evidence of at least ten years of full-time experience in their field.
Additionally, they must meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the job offer requirement.
The application process for an EB-2 NIW can be complex and requires extensive documentation. However, with careful preparation and attention to detail, individuals can increase their chances of success. In this article, we will explore the eligibility criteria for EB-2 NIW, the application process, potential challenges, and solutions to overcome them.
Key Takeaways
- EB-2 National Interest Waivers (NIW) can be a viable option for individuals seeking to obtain a Green Card in the United States.
- To be eligible for an EB-2 NIW, individuals must demonstrate exceptional ability or hold an advanced degree relating to the area of exceptional ability and meet three factors that USCIS uses to determine whether it is in the national interest to waive the requirement of a job offer.
- The application process for an EB-2 NIW can be complex and requires extensive documentation. However, with careful preparation and attention to detail, individuals can increase their chances of success.
Understanding EB-2 NIW
Definition and Purpose
EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa category that allows foreign nationals with exceptional ability in the sciences, arts, or business, and advanced degreed professionals to apply for a Green Card (permanent residence) without a job offer and labor certification. The purpose of the NIW is to promote the national interest of the United States by facilitating the entry of highly skilled individuals who will benefit the country’s economy, culture, education, and welfare.
Categories of EB-2 NIW
There are two categories of EB-2 NIW:
- Advanced Degree Professionals: This category is for foreign nationals with an advanced degree (master’s or higher) in their field of expertise and can demonstrate exceptional ability in their profession.
- Exceptional Ability: This category is for foreign nationals who can demonstrate exceptional ability in their profession, which means they have a degree of expertise significantly above that ordinarily encountered in their field.
To qualify for an EB-2 NIW, the foreign national must meet the following criteria:
- Have an advanced degree or exceptional ability in the sciences, arts, or business
- Show that their work has substantial merit and national importance
- Demonstrate that they are well-positioned to advance the proposed endeavor
- Show that it would be beneficial to the United States to waive the job offer and labor certification requirements
The USCIS evaluates each EB-2 NIW application on a case-by-case basis, and the burden of proof falls on the applicant to demonstrate that they meet the eligibility requirements.
Eligibility Criteria for EB-2 NIW
General Requirements
To be eligible for an EB-2 National Interest Waiver (NIW), the applicant must meet the following general requirements:
- Hold an advanced degree or possess exceptional ability in the sciences, arts, or business.
- Demonstrate that their work has substantial merit and national importance.
- Convince USCIS that waiving the job offer and labor certification requirements would be in the national interest of the United States.
Professional Qualifications
To qualify for an EB-2 NIW based on professional qualifications, the applicant must provide evidence of their exceptional ability in their field. This can be demonstrated by meeting at least three of the following criteria:
- A degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
- At least ten years of full-time experience in the occupation.
- A license to practice the profession or certification for the profession or occupation.
- Evidence of a high salary or other remuneration for services in relation to others in the field.
- Membership in professional associations.
- Recognition for achievements and contributions to the field by peers, governmental entities, or professional or business organizations.
National Interest Criteria
To qualify for an EB-2 NIW based on national interest criteria, the applicant must provide evidence of their substantial merit and national importance. This can be demonstrated by meeting at least three of the following criteria:
- Improving the U.S. economy.
- Improving wages and working conditions for U.S. workers.
- Improving education and training programs for U.S. children and underqualified workers.
- Improving health care.
- Providing more affordable housing for young and/or older, poorer U.S. residents.
- Improving the U.S. environment and making more productive use of natural resources.
- A request from a U.S. government agency.
Overall, the EB-2 NIW is a highly competitive category, and the applicant must provide strong evidence of their qualifications and contributions to the national interest of the United States.
Application Process for EB-2 NIW
To apply for a Green Card through the EB-2 National Interest Waiver (NIW), the applicant must follow a specific application process. This section outlines the key steps involved in the application process.
Filing an I-140 Petition
The first step in the application process is to file an I-140 petition with the United States Citizenship and Immigration Services (USCIS). This petition is used to demonstrate that the applicant meets the eligibility requirements for the EB-2 NIW.
To file the I-140 petition, the applicant must provide evidence of their exceptional ability or advanced degree, as well as evidence that their work is in the national interest of the United States. The applicant must also provide evidence of their qualifications, such as academic degrees, publications, and awards.
Adjustment of Status or Consular Processing
Once the I-140 petition is approved, the applicant can either adjust their status to permanent resident status or go through consular processing to obtain their Green Card.
Adjustment of status is available to applicants who are already in the United States on a nonimmigrant visa, while consular processing is available to applicants who are outside of the United States.
Document Checklist
To complete the application process, the applicant must provide a variety of documents to the USCIS, including:
- Form I-140 petition
- Evidence of exceptional ability or advanced degree
- Evidence of work in the national interest of the United States
- Evidence of qualifications, such as academic degrees, publications, and awards
- Evidence of job offers or employment contracts
- Evidence of financial support, such as bank statements or tax returns
- Application fees
It is important to carefully review the USCIS instructions and requirements for each document to ensure that the application is complete and accurate.
Overall, the application process for the EB-2 National Interest Waiver can be complex and time-consuming. However, with careful preparation and attention to detail, applicants can increase their chances of success in obtaining a Green Card through this category.
Potential Challenges and Solutions
Common Application Mistakes
When applying for an EB-2 National Interest Waiver (NIW) Green Card, there are several common mistakes that applicants should be aware of. These mistakes can lead to delays in the application process or even denial of the application.
One common mistake is failing to provide sufficient evidence of exceptional ability or national interest. It is important to provide detailed documentation of the applicant’s achievements and contributions in their field, as well as evidence of how their work benefits the United States as a whole.
Another mistake is submitting incomplete or inaccurate forms. Applicants should carefully review all forms and supporting documents before submitting them to ensure that they are complete and accurate. This can help to avoid delays in processing and potential denials.
Dealing with Denials
If an EB-2 NIW Green Card application is denied, there are several options for dealing with the denial. One option is to file an appeal with the USCIS Administrative Appeals Office (AAO). This can be a lengthy process, but it can be an effective way to challenge the denial and have the application reconsidered.
Another option is to file a motion to reopen or reconsider the application. This can be done if new evidence or information becomes available that was not available at the time of the original application. It is important to act quickly when filing a motion to reopen or reconsider, as there are strict deadlines for doing so.
In some cases, it may be necessary to reapply for the EB-2 NIW Green Card. This can be a frustrating and time-consuming process, but it may be necessary if the original application was denied due to a lack of evidence or other issues.
Overall, it is important for EB-2 NIW Green Card applicants to be aware of potential challenges and to take steps to address them. By carefully preparing their applications and responding appropriately to denials, applicants can increase their chances of success in obtaining a Green Card through the EB-2 NIW category.
Conclusion
In conclusion, the EB-2 National Interest Waiver (NIW) is an excellent option for professionals in technology, medicine, business, arts, sciences, or athletics who wish to gain legal permanent residency in the United States. With an EB-2 NIW, the petitioner can bypass the job offer and labor certification requirements that are generally required for an EB-2 Green Card.
The recent updates in USCIS guidance regarding the adjudication of requests for National Interest Waivers have opened the door to STEM graduates, particularly STEM Ph.D. students and graduates, to remain in the U.S. with a Green Card through an EB-2 NIW. However, it is important to note that caution and dedication to gathering robust evidence are important when applying for an EB-2 NIW.
Overall, the EB-2 NIW is a viable option for those who can demonstrate that their work or research is of national interest to the United States. With careful preparation and a strong case, applicants can successfully obtain a Green Card and permanent residency in the United States through the EB-2 NIW program.
Frequently Asked Questions
What is the current priority date for EB2 NIW?
The priority date for EB2 NIW varies depending on the country of origin of the applicant and the number of applications already received. Applicants can check the current priority date on the Visa Bulletin published by the U.S. Department of State.
What is the processing time for NIW green card?
The processing time for NIW green card applications varies depending on the workload of the USCIS and the complexity of the case. On average, it takes around 6 to 12 months for the USCIS to process NIW green card applications.
What are some examples of EB2 NIW cases?
EB2 NIW cases cover a wide range of fields, including science, technology, engineering, and mathematics (STEM), as well as business, arts, and humanities. Some examples of successful EB2 NIW cases include research scientists, entrepreneurs, artists, and medical doctors.
What is the cost of applying for EB2 NIW?
The cost of applying for EB2 NIW includes USCIS filing fees, attorney fees, and other expenses such as translation and document preparation. The total cost can range from $5,000 to $15,000 depending on the complexity of the case and the experience of the attorney.
Who is eligible for EB2 green card?
To be eligible for EB2 green card, the applicant must have an advanced degree or exceptional ability in their field of expertise. The applicant must also have a job offer from a U.S. employer or show that their work will be in the national interest of the United States.
What are the chances of approval for EB-2 NIW?
The chances of approval for EB-2 NIW depend on the strength of the applicant’s case and the evidence presented. Applicants who can demonstrate that their work is in the national interest of the United States and that they have exceptional ability or an advanced degree in their field have a higher chance of approval. However, each case is unique, and there is no guarantee of approval.
