Applicants for the national interest waiver  ( NIW ) should know that they are applying for this waiver in the category of eb-2 advanced degree or exceptional ability. So you need to meet the eb-2 requirements first. Processing time while other applications, such as the green card, have lengthy processing times that vary depending on consular processing, or domestic application status with the uscis, or whether an individual is married to a u. S. Citizen or lpr, the processing time for an niw is pretty standard across the board. Note: this does not include wait times accrued due to priority dates via the visa bulletin.

Eb-2 niw is an i-140 category on the path to obtaining lawful permanent residency in the united states by proving that your work can benefit the united states. That being said, you will need to make a strong case that your work is deserving of a waiver. Niw is a national interest exemption for the need for labor certification (the perm mentioned above). Since a perm is not required, an niw green card does not necessitate an official job or employer sponsor. The option is still available if you do have an employer, but they do not need to petition for you nor do they need to apply for a perm.

While Your Green Card Application Is Pending with USCIS

During pendency: it’s absolutely crucial to maintain valid immigration status while your niw petition is pending. Traveling outside the u. S. During this time can have complex implications, so it’s essential to consult with an immigration attorney before making any international travel plans. Post-approval planning: if your i-140 is approved and you are in the us, you can then proceed with filing form i-485, application to register permanent residence or adjust status. If you are outside the u. S. , you will go through consular processing at a u. S. Embassy or consulate in your home country. The niw provides long-term employment flexibility, as your green card is not tied to a specific employer.

The eb-2 national interest waiver offers a streamlined and flexible pathway to a u. S. Green card for highly skilled professionals. By understanding the eligibility requirements and following the application steps carefully, you can enhance your chances of a successful petition. For personalized advice and assistance, consider consulting with an experienced immigration attorney. Keywords: eb-2 niw, national interest waiver, eb-2 visa, self-petitioning, labor certification, uscis, green card process.

Once you’ve secured a national interest waiver and an eb-2 visa, the upcoming phase involves filing for an adjustment of status through form i-485 with uscis to move towards securing your green card. You’ll need to keep an eye on the visa bulletin too, ensuring your priority date is current before you submit your application.

Employment-Based Immigration: Second Preference EB-2

Matter of dhanasar – precedent eb2 niw case how to get a green card through self petition – ashoori law employment-based immigration: second preference eb-2 business immigration: law & practice, 2nd ed. – vol. 2: chapter 3.

A national interest waiver (niw) petition falls in the employment-based , second-preference (eb-2) immigration category. An eb-2 is geared toward professionals with advanced degrees or persons of exceptional ability in the sciences, arts, or business; this includes people like engineers, doctors, researchers, artists, and the like. Normally, an eb-2 requires a permanent job offer and an approved labor certification. However, an niw petition requests that these standard requisites be waived for the sake of the “national interest of the united states. ”minimum requirements in order to qualify for an niw, you must first satisfy requirements for an eb-2 petition. Possessing either an advanced degree (1-3) or exceptional abilities (4) qualifies you for an eb-2.

Advanced degree: the job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable. Exceptional ability: you must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability "means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business" with at least 10 years of full-time experience in your occupation. You must meet any requirements specified on the labor certification as applicable.

Before qualifying for the eb2 niw, you must meet the basic eb-2 visa requirements. This can be done through one of two pathways: you hold a u. S. Advanced degree (or a foreign equivalent) beyond a bachelor's degree. Alternatively, you may qualify with a bachelor's degree plus at least five years of progressive work experience in your field. You have a level of expertise significantly above that ordinarily encountered in your field. Evidence of exceptional ability includes awards, memberships in professional associations, and recognition from peers or government agencies.