EB-2 NIW

The immigration process, especially getting a green card through an EB-2 NIW is a long process and not everyone qualifies. Among the many immigration visas and pathways made available by the US government, the EB-2 National Interest Waiver visa has gained popularity.

The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW stands for “National Interest Waiver”. This means that the US government will waive the job offer requirement. The Department of Labor will provide authorization to employ a foreign national if the foreign national's proposed effort benefits the US. Thus, a qualified individual can “personally petition” and obtain a green card based on their own experience and professional skills.

The EB2-NIW visa includes many steps that people often do not know about or understand. Abaico follows the frequently asked questions that people often struggle with.

What is EB-2 with National Interest Exemption?

An EB2-NIW is an immigrant visa that grants an alien lawful permanent residency without the requirement of an offer of employment. The job offer requirement is waived if the applicant can prove that their permanent residency in the US would be in the “national interest” and would benefit the country.

Is there any difference between a normal EB2 and a national interest exemption EB2?

Yes, both are very different in terms of requirements, processing time and required documentation. Generally, an EB2 visa or other employment-based visa requires a formal job offer in order for the applicant to apply. In addition, it requires a Labor Certification from the Department of Labor. An EB2 with NIW, on the other hand, does not require any job offers. The applicant is not required to go through the labor certification process with the Department of Labor. This is provided that the petitioner (applicant) can prove that his admission to the United States would be of national benefit.

Who can apply for an EB2-NIW?

Any foreigner can apply for an EB2-NIW visa. An immigration attorney can file a strong petition that presents all the requirements and the appropriate legal arguments. The candidate does not need an employer.

What does an EB2-NIW dispense with?

The EB-2 National Interest Waiver rules out the need for a Department of Labor labor certification. Certification can be expensive and time-consuming to obtain. This visa also waives the job offer requirement. However, all other “entry” requirements must be met for you to be eligible for a visa.

What are the educational requirements for an EB2-NIW?

The EB2-NIW visa is available to foreign nationals who have obtained an advanced degree or its foreign equivalent in a professional field. These individuals can also meet this educational requirement with a bachelor's degree and at least 5 years of progressive experience in their field. Individuals who demonstrate exceptional skills in areas such as science, technology, mathematics, engineering, arts, business, etc., are also eligible for this visa. An immigration attorney well versed in immigration law can best assess a candidate's professional experience to determine which category the candidate best qualifies for.

What constitutes an advanced degree?

An advanced degree under the EB2-NIW is a degree or qualification higher than a bachelor's degree. The applicant can obtain this in the US from a recognized US college or university or a foreign equivalent of an advanced US degree.

What if the candidate only has a bachelor's degree without a master's or any other advanced degree?

USCIS requires a master's or other advanced degree. If a foreign applicant has only a US bachelor's degree or its foreign equivalent, at least 5 years of post-baccalaureate work experience in the specialized field is required. If the foreign national applying for this visa also does not have the required work experience, he will need to show exceptional skills in his field in order to be successful in his visa application.

Who qualifies for an EB2 national interest exemption?

The following individuals are eligible to apply for an EB2-NIW:

- A foreign citizen who meets the

educational requirements;

- A foreigner who meets the test of

three points in the decision of the question of

Dhanasar listed below:

1. The proposed effort has merit

substantial and national importance

2. The candidate is able to advance in the

proposed venture

3. Substantial benefits for the “interest

national” two United States

What immigration forms does an EB2 National Interest Exemption Petitioner need to fill out?

An EB2-NIW petition requires filing Form I-140, which is best done by a professional and experienced immigration attorney.

What are the main benefits of petitioning for an EB2-NIW?

The EB2-NIW has several benefits, some of which include:

- You don't need an offer of

job

- No work certificate is

required

- You can make a petition yourself

- Most visas are in effect,

except visas for people from

Chinese and Indian nationality. This

means you don't have to wait

for delays in obtaining a visa.

How many citations/publications do I need to have for an EB-2 NIW?

The US government does not specify a number for required citations/publications. They are, in fact, decided by the USCIS on a case-by-case basis. To find out about the number of citations and publications required for your application, it is best to seek professional help from an immigration attorney.

Can I have another petition when applying for an EB-2 NIW?

This petition does not restrict a person from pursuing other visa options. You can still submit other petitions while applying for an EB-2-NIW. However, you will need to submit separate forms with the additional fee and documents. If you are planning to file more than one immigration petition, or form I-140, an experienced immigration attorney should do this for you. This will increase the chances of approval.

What is the EB-2 National Interest Exemption Form?

You will need to submit a Form I-140 with all the necessary documents to support your petition and submit it to the appropriate service center.

Green Card application for your family

If your EB-2 NIW petition is approved, your immediate family (your spouse and unmarried children under the age of 21) may be eligible for admission to the United States. They can submit green card applications as dependents of the cardholder. Do you have questions about how to get a tourist visa for the United States? We prepared a step by step, based on information from the American Embassy in Brazil.