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Eb2 Niw Recommendation Letters – The National Interest Waiver (NIW) is a powerful option for certain highly qualified individuals to obtain a green card to the United States through self-petition. With an approved national interest waiver, anyone can get a green card without employment.
In this guide, I explain what you need to know about the National Interest Rebate. If you have any questions, please email me directly at [email protected] I am very responsive by email and will be happy to help you.
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The process of obtaining an employer-sponsored green card for the United States is usually a long and difficult process. In most cases, the US company must show that they tried to hire a US worker and were unable to do so. The company must post advertisements, interview candidates, and then obtain approval from the U.S. Department of Labor to hire a foreign worker. This process can be very complicated, time consuming and expensive. Therefore, many employers are reluctant to sponsor green cards for foreign workers.
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The good news is that there are some options to apply for a green card through self-petition. You can apply for your green card without an employment offer from a US company and without a company acting as your sponsor.
One of these options is called National Interest Waiver (NIW). The National Interest Waiver is available under the EB-2 immigrant category. Through the National Interest Waiver, certain individuals with skills and abilities in the sciences, arts, business and/or certain other professions may self-petition for a green card.
With the national interest waiver, you have full-time employment and the requirement that you have a US employer sponsoring you is waived.
As mentioned above, one of the primary benefits of the EB2 National Interest Waiver is the ability to self-petition for your green card. With the National Interest Waiver, you won’t have to struggle to find a US employer willing to sponsor your immigration petition. Another advantage is that with the National Interest Waiver, you can avoid the labor certification process altogether.
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Another primary benefit of the National Interest Waiver is the speed of the process. With a traditional employer-sponsored green card, the process can be much longer. Recruiter has to undergo various recruitment process and get approved labor certificate from labor department. This process alone can take several months to complete. However, the advantage of the EB2 National Interest Waiver is that there is no need to go through the labor certification process. You can file your immigration petition directly, which saves a huge amount of time.
The EB2 National Interest Waiver is a special provision available only under the EB2 immigration category. Basically, the NIW is an additional set of requirements above and beyond the EB2 requirements. Therefore, to qualify for the National Interest Waiver, you must first qualify under EB2. There are 2 main ways you can qualify under the EB2 category. You may qualify under EB2 as an early graduate professional or as an individual of exceptional ability.
To qualify for the National Interest Waiver, you must demonstrate that your proposed initiative has both substantial merit and national importance. It is very important to clearly demonstrate that these two ends are satisfied.
When determining whether your initiative has national significance, USCIS considers the potential future impact. USCIS looks for the following sources:
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Given the national significance, it is important to know that USCIS does not pay much attention to the geographic impact of your initiative, even individuals working in an area of local or regional impact may qualify for an EB2 NIW.
To qualify for the National Interest Rebate, you must demonstrate that you are well-positioned to take your proposed venture forward.
In determining whether you meet this requirement, USCIS looks at your ability to contribute to the national interest based on your future work in the field.
To meet this requirement, you do not need to show that it is more likely than not that you will succeed. Instead, you must show how you are qualified to pursue a successful outcome.
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4. You must show that a waiver of employment and labor certification requirements would benefit the United States
In each case, all of these factors are weighed together to determine whether a waiver of employment and labor certification requirements is beneficial.
Different types of documents need to be included in your application for National Interest Rebate. The documents you include will depend on the specific circumstances of your case. Before making any decisions about what documents to submit in your case, it is important to consult with an experienced immigration attorney.
The first step in the NIW process is to consult with an experienced immigration attorney. It is important to consult with an immigration attorney for the following reasons:
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Form I-140 is also known as Immigrant Petition for Alien Worker. This is the initial form that must be filed with USCIS to apply for a green card under the EB2 NIW.
Along with the Form I-140, your immigration attorney will prepare a detailed cover letter explaining your case and your eligibility for the national interest waiver. Additionally, all documentation of your eligibility for the National Interest Waiver will be included with the Form I-140.
Once your Form I-140 is approved and you receive a visa number, the next step is to proceed with adjustment of status or immigrant visa processing. Each of these options is different. I highlight the differences below.
The overall processing time for obtaining your green card through EB-2 NIW depends on several factors. See below for different scenarios.
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If you are in the U.S. If you are in lawful nonimmigrant status and have a visa number, you may be eligible to file your Form I-140 and Form I-485 at the same time. In this case, you must obtain your employment authorization (EAD) and travel authorization (advance parole) within 6 months. You should get your green card in about 8-9 months.
If you are not in the United States lawfully and are processing an immigrant visa, you must first file an I-140 with USCIS. Once the I-140 is approved, you can undergo immigrant visa processing. It takes about 7-8 months for the I-140 to be approved. Once the I-140 is approved, assuming a visa number is available (current priority date) you can begin immigrant visa processing, which takes an additional 7-9 months. So, the total processing time is around 14-17 months.
For countries like India and China, the demand for visas under the EB2 category is very high. The demand is greater than the number of visas available, hence the visa backlog. This means that for certain countries, there is a waiting list for visas under the EB-2 category. If you were born in a country with a visa backlog, once your I-140 petition is approved, you must wait until you receive a visa number (and wait for your priority date to occur) for your immigrant visa or adjustment of status. If this applies to you, the total time it takes to get your green card could be several years.
The EB2 National Interest Waiver is the best way to obtain lawful permanent residency (green card) in the United States without a job offer. With the EB2 National Interest Waiver, you can self-petition for your green card and also apply for your spouse and unmarried children under 21.
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The EB-2 NIW has high standards you must meet to get your case approved. It is therefore important to work with an experienced attorney to prepare and file your application.
If you have any questions about the EB-2 NIW, please feel free to email me directly at [email protected] I am a US immigration attorney and I would be happy to help you.
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