Should I apply from another country if on a B1/B2 for NIW? If you are in the U.S. and considering switching to the National Interest Waiver (NIW). You might wonder whether or not, it is mandatory for this petition type that the applicant should apply from outside the U.S. Whereas others can do that while being/during tourist status as of now.
Understanding the differences between these visas and the application process will help make an informed decision about applying for any visa type available under the EB category. We will provide professional legal advice instead of filing without much exploration solutions in this guide. Also, we explain the fundamentals of B1/B2 and NIW visas as well as steps you should take to avoid changing status.
Understanding B1/B2 and NIW Visas
A B1/B2 visa permits you to visit the U.S. temporarily for business (B1) or tourism(B2). These visas generally allow you to stay for up to six months only and do not provide work rights or a pathway to permanent residency.
By contrast, the National Interest Waiver (NIW) visa belongs to the employment-based EB-2 category. The program is meant to attract national interest employees, individuals with specific work that either directly or indirectly benefits the U.S. The NIW visa provides a way to secure permanent residency without an employment offer or labor certification.
A change of status from a B1/B2 visa to NIW is not just paperwork. You will have to learn about the eligibility requirements, collect your evidence, and submit an application. In this post, we outline a few factors that can help you determine if it is best to apply from inside the U.S., or from abroad.
Changing Visa Status in the U.S.
Those in the U.S. on a B1/B2 visa from another country can request to change their status directly to an NIW without leaving. While still maintaining legal immigration compliance at all times during the process. First what you need to do is confirm eligibility for the NIW Visa. You will be required to show that your work provides a significant benefit in the U.S. Also, it is related to the national interest you are likely accustomed to or the subject specialist.
A Form I-140, Immigrant Petition for Alien Worker must be filed to initiate the process. Together with this form, you must submit evidence of your national interest claim. You may include recommendation letters, a list of your achievements, and written testimony about what makes you valuable to America in the climate movement.
Once approved for Form I-140, you can then submit your Application to Register Permanent Residence or Adjust Status (Form I-485). This method when applied online converts your status from B1/B2 to NIW. In the interim do not overstay your current visa as it may hinder approval.
With this process being so intricate it helps to have an ally by your side. Read more about EB1 visa and v EB2 visa services from the Law Office of Olena Manilich and how we can assist you at each stage. Get in touch for one-on-one help and advice.
Applying for NIW from Abroad
If you are not in the U.S. or would rather apply for the NIW visa from another country, then consular processing will be your next step. With this method, applying for an immigrant visa in your home country through a U.S. embassy or consulate is involved
Just as you would here in the U.S., file Form I-140, Immigrant Petition for Alien Worker. You will also have to provide comparable evidence proving your work benefits the national interest. Once approved you will move on to consular processing.
The National Visa Center (NVC) will then process your case and send you instructions to submit all the required documents along with their respective fees. When the NVC finishes its review, it schedules an interview with you at a U.S. embassy or consulate in your home country. During the interview, an officer will determine your eligibility for a visa.
Applying from outside the U.S. involves moving through more stages and can take significantly longer than applying from inside the United States. But this may be the preferable choice for you. If you are still unsure of how to move forward, call us today so we can help. The Law Office Of Olena Manilich has been doing this for quite some time now and knows the best route out of your debts! Contact us for assistance from professionals.
Pros and Cons of Changing Status in the U.S. vs. Abroad
Whether you should change your visa status in the U.S. or abroad applies with its own merits and demerits. One needs to consider this based on that only.
A lot of benefits come with your revised status in the U.S. With this being said, you will not need to leave the country and pay for your extra ticket fee. You just literally resume your time in the U.S. and are back to a familiar legal system including, perhaps even the same attorney! But, there are a few cons. It may take a considerable amount of time, and you will be required to remain in your present status until the process is completed. If you are trying to get a change of status, it can be complex without legal support. Besides, your application may make you subject to travel limitations in the duration it sits there and waits.
There are different advantages to applying from abroad. When it comes to consular processing, the process may be more straightforward with a clear sequence of steps. Certain decisions are made more quickly in consular processing as opposed to changing status from within the U.S. Need to go back home = expensive + time-consuming. Even when not in the United States, this can be a stressful and anxiety-ridden process because there are no guarantees for individuals faced with consular processing.
The right road for you depends on your situation and values. If you need assistance in making the decision, contact us at The Law Office of Olena Manilich. Our experts can guide you to one that matches your circumstances. Schedule your consultation today to review your options.
Conclusion
Whether you apply from abroad or within the US, moving to an NIW visa can be a consequential decision when going through a B1/B2. Learning about both options and their needs from you will allow you to make an informed decision.
Note that changing your visa status can be difficult, but you do not have to figure it out on your own. The Law Office of Olena Manilich is here to help you every step of the way. Contact us for individualized advice to help ease the process of transitioning into your NIW visa.
