
The U.S. immigration system is labyrinthine, compounding the issues for international skilled workers. Who is looking to transition from temporary worker status to permanent resident sponsorships? Yet, there is also an approach under the EB2 visa category that can offer a unique and favorable path. Qualified applicants have advantages in obtaining green cards.
Suppose they cannot come up with traditional job offers and labor certification. The applicant can show a particular or exceptional merit to work of substantial national importance. This stream makes the procedure much easier and provides a way for people with substantial gains in the United States.
Basics of the EB2 Visa
To see the NIW as a part of the EB2 visa. Important, to give some details about the EB2. The EB2 visa is for two main categories of people: those with advanced degrees, and candidates who show exceptional abilities in the fields of science, art, or business.
The prerequisites are simple for advanced degree professionals. You also need an advanced degree (master’s or doctoral) or a bachelor’s with five years of experience in your field.
Conversely, if you have extraordinary ability then your skill is beyond what one would normally find in someone working within their field of expertise. At the most basic level, this may involve demonstrating your achievements in terms of awards or memberships to professional organizations and publications in respected journals.
An EB2 visa is usually obtained through an employer and requires a labor certification process. Labor certification is meant to verify that no U.S. worker of the job you want filled will qualify. On the other hand, the EB2 national interest waiver (NIW) provides a way to self-petition and waive labor certification if you can demonstrate that your work is in the national interest.
Eligibility Criteria for the NIW
To eventually be considered for a National Interest Waiver, you will first need to fulfill the basic requirements of an EB2 visa. You will have more chances if you have a graduate-level degree (e.g., Master’s or Doctorate) and/or at least five years of progressive experience with a Bachelor level in the sector. However, you may qualify if you’re able to demonstrate outstanding scientific or creative abilities with examples of past awards or professional recognition.
In addition to the basics, as per Matter of Dhanasar, you will also need to pass a three-prong test. In the earlier case, it has to be of great potential and national importance. Charitable work such as contributing to the U.S. economy, making healthcare better or providing education should obviously help America over doing nothing at all!
Lastly, you also need to establish that waiving the job offer and labor certification requirements is in the interest of the United States. This entails demonstrating that the country is better off allowing you to make contributions of national interest than by continuing with standard protocol.
Advantages of the NIW
One of the benefits that the National Interest Waiver (NIW) provides to eligible applicants. Eligibility to Self-Petition – This is one of the most important advantages. This means that you do not need a specific job offer or an employer to sponsor. This means you can take your career to the next level in any direction of choice, without having to rely on an employer.
A big benefit is also a direct result of the labor certification being waived. In general, the labor certification means demonstrating that no U.S. worker can do the job you can. The NIW allows you to skip over filing a Labor Certification, which is an arduous and lengthy process, making the application go more smoothly and quickly.
Additionally, the NIW allows more flexibility. You have the freedom to change jobs without any risk of compromising your immigration status. With increased flexibility, you do not need to worry about visa status every time a new opportunity or career advancement is available
These benefits are why the NIW is a desirable route for many in-demand professionals. The application procedure is befuddling and somewhat complex. However, it must be presented with strong arguments. We are professionals of The Law Office of Olena Manilich and we can help you prepare your NIW correctly. We will help you with all the support required for a hassle-free and successful immigration journey. Contact us today to begin your immigration process.
Application Process
You must collect and arrange all the required documents in this step. This includes your academic reports, letters of scholastic recommendation, a complete resume, and any records about achievement or contribution you could provide. You will need to gather strong and solid evidence to reinforce the strength of your credentials.
Then, you will file Form I-140, Immigrant Petition for Alien Worker, and accompanying evidence to the U.S. Citizenship and Immigration Services (USCIS). Your petition should explicitly show that you qualify (prong 1) and present supporting evidence at all prongs of the test.
You may adjust your status to a permanent resident after USCIS approves your I-140 petition if you are already in the USA. There are various requirements and procedures to follow in each path, meaning that it is important for you to find out which steps apply to your case.
In all this, attention to detail is important, and thorough preparation makes a significant contribution. The Law Office of Olena Manilich has already assisted numerous clients through this process. We want to make your path to Permanent Residency as easy and stress-free as possible.
Conclusion
The National Interest Waiver (NIW) is a beneficial provision to the EB2 visa category for highly talented individuals who wish to acquire permanent residency in America. If you can prove that your work has substantial merit and is in the national interest. Then you are deemed to have satisfied this requirement without having a specific job offer or labor certification. This new process provides a lot of benefits like the opportunity to self-petition or work anywhere.
Nonetheless, the way of writing this requires you to navigate your NIW approach could be complicated. Because you must have a full understanding of the eligibility requirements and properly prepare your application. Our skills can assist you in weaving a strong plea and increase the chances of your winning. Schedule an appointment with us today to explore how we can help you realize your American dream.