Things You Need to Know About EB2-NIW
People from all over the world fantasize about making a move to the United States because of the opportunities it provides. However, the immigration procedure, particularly the process of obtaining a green card through an EB-2 NIW, is lengthy and time-consuming. In addition to that, not everyone is eligible. The EB-2 National Interest Waiver visa is one of the several visas and avenues to immigration that the United States government makes accessible. Still, it is the one that has seen the greatest amount of success.
The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW stands for “national interest waiver.” This means that the U.S. government will waive the requirement of a job offer. The Department of Labor will provide authorization to employ a foreign national if the foreign national’s proposed endeavor benefits the U.S. Thus, a qualified individual can “self-petition” and get a green card based on their own professional experience and skills.
The EB2-NIW visa requires a lot of documentation. It also includes many steps that people do not often know of or understand. Here, we have listed all the frequently asked questions that people often struggle with. In doing so, we aim to make the green card application process and processing times a bit easier for our clients. Below is a complete, basic guide to the EB2-National Interest Waiver visa.
EB-2 with National Interest Waiver
An EB2-NIW is an immigrant visa category that grants a foreign national lawful permanent residence without the requirement of an employment offer or a labor certificate. The job offer requirement is waived if the candidate can prove that his permanent residence in the U.S. would be of “national interest” and would benefit the country.
Difference Between a Regular EB2 and an EB2 with National Interest Waiver
Yes, they are both vastly different in terms of their requirements, processing times, and the documentation required for each. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
An EB2 with NIW, on the other hand, does not require any employment offer. The applicant is not required to go through the labor certification process with the Department of Labor. This is as long as the petitioner (applicant) can prove that their admittance to the United States would be of national benefit.
Who Can Apply for an EB2-NIW?
Any foreign national can apply for an EB2-NIW visa. An immigration attorney is able to complete a strong application package that checks off all of the requirements and makes the appropriate legal arguments. An applicant does not need an employer.
What Does an EB2-NIW Waive Off?
The EB2-National Interest Waiver dismisses the need for a labor certification from the Department of Labor. The labor certification can be costly and takes time to obtain. This visa also waives the requirement of an employment offer. However, all other “entry” requirements must be met in order to become eligible for the visa.
Educational Requirements for an EB2-NIW
The EB2-NIW visa is offered to foreign nationals who have earned an advanced degree or a degree that is recognized internationally as being equivalent to an advanced degree in a professional field. These persons can also satisfy this educational criterion by holding a Bachelor’s degree and possessing at least five years of experience in their profession with increasing levels of responsibility. Applicants for this visa must demonstrate that they have extraordinary qualities in one or more of the following areas: science, technology, mathematics, engineering, the arts, or business, amongst others. According to the EB2-NIW framework, a degree or certification that is higher than a bachelor’s degree is considered to be an advanced degree. The applicant can obtain this in the United States at a college or institution that is recognized in the United States, or they can earn an advanced degree that is equivalent to an American advanced degree from another country.
Scenario with only Bachelor’s Degree without a Master’s or Any Other Advanced Degree
The USCIS office requires a Master’s or another advanced degree. If a foreign applicant only has a bachelor’s degree from the U.S. or its foreign equivalent, then at least five years of post-baccalaureate progressive work experience in the specialized field will be required. If the foreign national applying for this visa also lacks the required work experience, he will need to show exceptional abilities in his field in order to succeed in his visa application.
Who Qualifies for an EB2-National Interest Waiver?
The following individuals are eligible to apply for an EB2-NIW:
- A foreign national who meets the educational requirements, and
- A foreign national who meets the three-prong test in the Matter of Dhanasar decision are listed below:
- The proposed endeavor has substantial merit and national importance
- The applicant is capable of advancing the proposed endeavor
- Substantial benefits for the “national interest” of the United States
An EB2-NIW petition requires the filing of Form I-140. The EB2-NIW petition does not restrict a person from pursuing other visa options. You can still submit other petitions while petitioning for an EB-2-NIW. However, you will need to submit separate forms with the additional fee and documentary evidence. If you are planning to submit more than one immigration petition at the same time, an experienced immigration attorney should do it for you. That increases the chances of approval. Attorney Raju Mahajan & Associates has been trying to assist individuals in filing EB2 NIW. Our immigration law office provides numerous legal services, including online consultations, which you can access from any part of the world.
