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EB-2 NIW VISA PROGRAM
Obtaining an employer-sponsored green card for the United States can be a lengthy and challenging process. Typically, the U.S. company must prove they tried hiring a local worker.
ABOUS NIW PROGRAM
The EB2 NIW (National Interest Waiver ) is a category of employment-based immigration visa in the United States. It is designed for foreign nationals who possess exceptional abilities in their respective fields and can demonstrate that their work is of national interest to the United States.
Individuals whose work or research is deemed of national interest to the United States may be eligible for a National Interest Waiver (NIW) when applying for an Employment-Based Immigration EB-2 green card. By obtaining an EB-2 NIW, the petitioner secures legal permanent residency in the U.S.
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About this Program
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The foremost requirement of the NIW is to show that the individual has either an Advanced Degree (any degree above a baccalaureate degree, including Master’s, MD, Ph.D., or others), a baccalaureate degree, and 5 years of progressive experience, or “Exceptional Ability”. Applicants who fall into one of these categories and whose employment would be in the national interest of the United States may apply for a national interest waiver (NIW) as a part of their EB-2 petition. With an EB-2 NIW visa, the applicant is considered a lawful permanent resident of the United States.
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Time Frame
03-09 Months
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Family Dependents
Spouse,Children under 21
ADVANTAGES/BENEFITS
The key advantages to foreign applicants include:
- Current visa: Foreign applicants gaining USCIS’s approval can apply for an immigrant visa or adjustment of status without waiting for their visa to become current. The word “current” implies that no backlog exists in the EB-2 NIW category.
- Waiver of the job offer requirement: Foreign nationals can self-petition and a job offer is not required for NIW eligibility.
- Waiver of the labor certification requirement: The labor certification requirement does not apply to the EB-2 NIW category.
- The foreign applicant’s spouse and children under 21 as derivatives can also gain U.S. permanent residency under the EB-2 NIW category.
National Interest Waiver (NIW) Eligibility Criteria
The first requirement is that the alien must show that his/her proposed endeavor is considered to have substantial merit and national importance. This merit can be shown in areas like business, science, technology, health, culture, or education. There does not need to be quantifiable evidence of economic impact, though it may help your case. One must keep in mind that meeting this requirement does not create a blanket approval for the field of endeavor and the US government shall review applications on a case-by-case basis.
The second requirement is that the foreign national must be in a position to advance the proposed endeavor. This means that the AAO will look at factors such as the alien’s educational background, experience, relevant skills, a record of similar successes, current progress, and having a plan for success. Petitioners will not be required to prove that their endeavor will succeed, but rather that they are equipped to make it succeed if the opportunity arises.
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.
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