U. S. Citizenship and immigration services is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (eb-2) classification for immigrant petitions filed with a request for a national interest waiver (niw). In general, an employer files an eb-2 petition using form i-140, immigrant petition for alien workers , after obtaining a labor certification from the department of labor. Uscis, however, can waive the requirement of a job offer, and thus, the labor certification if it is in the interest of the united states. In addition, individuals seeking an niw may file a petition on their own behalf.

Uscis has issued new guidance on eligibility and evidence requirements for eb-2 national interest waiver (niw) petitions. These updates clarify who qualifies for this pathway, emphasizing advanced degree professionals, exceptional-ability individuals, and entrepreneurs.

Working in the United States

In order to show that the foreign national’s proposed endeavor has both substantial merit and national importance, it must be shown that the applicant’s work is related to an important national goal and that the work is beneficial to the united states. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the proposed endeavor has national importance, uscis considers its potential prospective impact. They evaluate prospective impact not only in geographic terms but also in its broader implications. The new aao decision has broadened the evaluative framework for “national importance” of the applicant’s endeavor.

The first prong requires demonstrating that your work has both substantial merit and national importance. This means your contributions must be significant, impactful, and align with the united states’ national goals, such as improving public health, advancing technological leadership, or addressing major societal challenges. For example, a researcher working on developing innovative water purification systems for underserved communities could argue that their work has substantial merit and national importance by highlighting how it improves access to clean water and promotes public health.

Green Card Processes and Procedures

The extraordinary ability and national interest waiver petitions are different from other green card processes because they do not require a job or job offer in the u. S. For a successful petition. These cases are also for people who have a high level of expertise in their fields. An extraordinary ability petition can be appropriate for anyone who has reached the top of their area of specialty. That can include business, arts, athletics, and many different fields in science, engineering, and medicine. For national interest waiver petition, the proposed endeavor must have substantial merit and national importance. Self petition green cards can also be a productive avenue for entrepreneurs to bring their start-ups or businesses to the united states.

In order to obtain an eb-2 niw green card, you must file and receive the approval of form i-140 immigrant petition, along with form i-485, adjustment of status. There are two application procedures to fulfill this. This means that if you are a national of india or china, you cannot file forms i-140 and i-485 concurrently, as the eb-2 priority dates for the two countries are not current, according to visa bulletin. Separate filing: in this method, you will first file your niw form i-140 petition and only after it gets approved and the visa number will become available for your category, you will be able to file form i-485.

By samantha wolfe in the pursuit of u. S. Permanent residency, employers often turn to the perm labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the national interest waiver (niw). In this article, we’ll explore the niw option in detail, highlighting its benefits, eligibility criteria, and the application process.

A primary benefit of the eb-2 niw green card is that it bypasses the traditional labor certification process. Unlike other employment-based green card categories that require sponsorship from a us employer, the national interest waiver allows you to self-petition. This means you don’t need an offer of employment or labor certification, simplifying and expediting the application process.