The national interest waiver (NIW) offers a potent avenue for individuals of exceptional qualifications to secure a U.S. green card via self-petition, bypassing the need for a job offer.

Unveiling the National Interest Waiver

Obtaining a green card through employer sponsorship in the United States typically involves a protracted and arduous process. Generally, the employer must demonstrate attempts to hire domestic workers, advertise positions, conduct interviews, and obtain approval from the U.S. Department of Labor to employ foreign workers. This process can be intricate, time-consuming, and costly, leading many employers to hesitate in sponsoring foreign workers for green cards.

Fortunately, there are alternatives available for applying for a green card through self-petition, eliminating the need for a job offer from a U.S. company or sponsorship.

One such option is the National Interest Waiver (NIW), which falls under the EB-2 immigrant category. The NIW enables individuals with expertise in fields such as science, arts, business, and other professions to self-petition for a green card, bypassing the requirements of a full-time job offer and employer sponsorship.

Advantages of the National Interest Waiver

1.Capability to File a Petition Independently

As previously stated, a key advantage of the EB2 national interest waiver is the opportunity to initiate your green card application independently. With the national interest waiver, there’s no need to navigate the complexities of securing sponsorship from a U.S. employer for your immigration petition. Additionally, another perk of the national interest waiver is the ability to bypass the entire labor certification process.

2.Expediency of the Process

Another key advantage of the national interest waiver is the expediency of the process. In contrast to the prolonged timeline associated with a conventional employer-sponsored green card, which entails extensive recruitment efforts by the employer and obtaining a labor certification from the Department of Labor, the EB2 national interest waiver eliminates the need for the labor certification process. This allows for the direct filing of your immigrant petition, resulting in significant time savings.

Prerequisites for the National Interest Waiver

There are four primary prerequisites for eligibility under the EB2 National Interest Waiver (NIW):

• You need to meet the eligibility criteria for the EB2 immigrant classification.
• Your intended venture in the U.S. must possess significant merit and national importance.
• You should be adequately positioned to propel the proposed endeavor forward.
• You must demonstrate that, overall, it would be advantageous to the United States to waive the necessity of having a job offer and requiring a U.S. company to undergo the labor certification process.

Meet the Eligibility Criteria for the EB2 Immigrant Classification

The EB2 national interest waiver is an exclusive provision confined to the EB2 immigrant classification. Essentially, the NIW imposes supplementary criteria beyond the EB2 prerequisites. Hence, to be eligible for a national interest waiver, meeting the requirements of EB2 is paramount. There are two primary avenues to qualify under the EB2 classification: either as a professional with an advanced degree or as an individual possessing exceptional abilities.

Advance Degree Professional: To be eligible as a professional with an advanced degree, you need to demonstrate the following: You need to have either an advanced degree (any degree beyond a bachelor’s degree) OR a bachelor’s degree along with five years of progressive work experience in your intended field of employment.

Exceptional Ability: To be eligible for EB2 based on exceptional ability, you must meet at least three of the following criteria:

• a decade of full-time experience in your field
• a degree in your field
• professional license
• membership in professional associations
• a salary indicating exceptional ability
• recognition from peers, governmental bodies, or professional business organizations for your achievements and significant contributions to the field.

The proposed endeavor in the U.S. must demonstrate significant value and national significance.

To qualify for a national interest waiver, you must demonstrate that your proposed endeavor has both substantial merit and national importance. It is very important to clearly demonstrate that both of these prongs are satisfied.

Substantial Merit

• Substantial merit implies that the activities you’ll undertake in the U.S. contribute significantly to the nation’s interests.
• Evidence of substantial merit should center on the particular field of expertise. For instance, if you specialize in pediatric orthopedic surgery, specify this rather than using broader terms like “medicine” or “surgery.”
• Various sectors, including science, technology, entrepreneurship, culture, health, commerce, and education, offer opportunities to demonstrate substantial merit.

National Importance: When evaluating the national significance of your undertaking, USCIS examines its potential future impact. USCIS seeks evidence pertaining to the following:

• Does your endeavor hold national or even global ramifications within your specific domain?
• Does your endeavor possess considerable potential for employing U.S. workers or generating other significant positive economic outcomes?

Concerning national significance, it’s crucial to understand that USCIS doesn’t primarily consider the geographic reach of your endeavor. Even individuals working in areas with local or regional impact may qualify for EB2 NIW.

You need to be in a favorable position to further the proposed endeavor.

In order to qualify for a national interest waiver, you must show that you are adequately equipped to progress your proposed endeavor.

When assessing your eligibility for this criterion, USCIS is evaluating your capacity to contribute to the national interest through your anticipated work within the field.

Below are several factors utilized by USCIS to assess whether you meet this condition:

• Educational background
• Proficiency in skills
• Acquired knowledge
• Track record of achievements in related or analogous ventures
• Framework or strategy for forthcoming activities
• Advancement made towards realizing your proposed undertaking
• Interest expressed by potential clients, users, investors, or other pertinent entities or individuals

To meet this condition, you aren’t obliged to prove that success is more probable than not. Instead, you need to demonstrate your qualifications to pursue a successful outcome.

You must demonstrate that, overall, it would be advantageous for the United States to waive the necessity of a job offer and, consequently, a labor certification.

USCIS considers the following when determining if you meet this requirement.

• Determining if securing a job offer would be impractical for you.
• Determining if obtaining a labor certification would be impractical for your prospective employer.
• Assessing whether the United States would still benefit from your contributions even if other qualified U.S. workers are available.
• Evaluating if the national interest in your contributions is urgent enough to justify skipping the labor certification process.

In every scenario, these factors are collectively considered to assess whether it is advantageous to waive the necessity of a job offer and, consequently, a labor certification.

Documents Necessary for Applying for a National Interest Waiver

Numerous varieties of documents are essential to include in your application for a national interest waiver. The selection of documents to include hinges upon the particular circumstances of your case. Prior to determining which documents to furnish with your case, seeking guidance from a seasoned immigration attorney is crucial.

Here is a general list of some of the documents that may be included:

• Duplicates of your academic credentials
• Proof of extraordinary skills (if relevant)
• Resume
• Citation record
• URL to your Google Scholar profile
• Works authored such as publications, articles, and books
• Proof of accolades or honors received
• Confirmation of your peer review activities
• Publications related to you/your area of expertise
• Confirmation of grants/patents received
• Replica of the biographical section of your passport
• Endorsements from field authorities

National Interest Waiver Process

Step 1. Seek advice from an immigration attorney

The initial stage of the NIW procedure involves seeking guidance from a seasoned immigration lawyer. It’s crucial to consult with an immigration attorney for the subsequent reasons:

• A proficient immigration attorney can assess your qualifications and offer an evaluation regarding the probability of your case’s approval.
• An immigration lawyer can scrutinize your personal history and immigration background to ascertain if there might be an alternative route for obtaining your green card.
• The process of applying for a national interest waiver can be exceedingly intricate. Each NIW petition demands a meticulous plan to demonstrate compliance with all NIW criteria. A seasoned immigration lawyer will assist you in devising a strategy for effectively pursuing your EB-2 national interest waiver.

Step 2.Submit Form I-140 to USCIS.

The Immigrant Petition for Alien Worker, also known as Form I-140, is the initial application required by USCIS to seek a green card under EB2 NIW. Your immigration attorney will draft a comprehensive cover letter detailing your case and eligibility for a national interest waiver, which will accompany the Form I-140. Additionally, all supporting documentation demonstrating your eligibility for the national interest waiver will be included with the Form I-140.

Step 3 involves either adjusting your status or processing your visa.

Once your Form I-140 is approved and a visa number becomes available, the subsequent step will involve either adjusting your status or undergoing immigrant visa processing. These options vary, and I will explain the distinctions below.

Adjustment of Status

• An adjustment of status refers to transitioning from a non-immigrant status to lawful permanent resident status.
• To undergo an adjustment of status, you must be legally present in the United States under a valid non-immigrant status.
• This process involves submitting a Form I-485 to USCIS.
• Adjustment of status occurs within the United States, eliminating the need to depart from the country.
• If the priority date is current upon filing Form I-140, you have the option to concurrently submit Form I-485 for adjustment of status along with the I-140.

Immigrant Visa Processing

• Immigrant visa processing entails applying for an immigrant visa at a consulate or embassy outside the United States.
• This process is typically pursued when an individual is not lawfully present in the U.S. under a valid non-immigrant status.
• Immigrant visa processing involves electronically submitting a DS-260 to the Department of State.
• As a part of this process, attending a visa interview at a consulate abroad is required.
• Upon successful completion of the interview, you can expect to receive your immigrant visa within a few days.
• Upon entry into the U.S. with your immigrant visa, you attain the status of a lawful permanent resident of the United States.

Fees with each stage of the EB2 NIW process

• Fee for Form I-140 Submission: $700
• Fee for Form I-485 (Adjustment of Status): $1,225
• Optional Premium Processing Fee: $1,410

Processing Time for National Interest Waiver

The total duration for obtaining your green card via EB-2 NIW will vary based on several factors. Kindly refer below for various situations.

Simultaneous submission of Form I-140 and Form I-485 (Adjustment of Status)

If you are legally residing in the U.S. under a valid non-immigrant status and if a visa number is accessible, you might qualify to file both your Form I-140 and Form I-485 concurrently. Under these circumstances, you can anticipate obtaining your work authorization (EAD) and travel permission (advance parole) within 6 months. Your green card should be received within approximately 8-9 months.

Processing of Immigrant Visa with Current Priority Date

If you are not currently authorized to stay in the U.S. and plan to pursue immigrant visa processing, your initial step will be to submit the I-140 with USCIS. Upon approval of the I-140, you can proceed with immigrant visa processing. The I-140 typically takes around 7-8 months to be approved. Subsequently, if a visa number is available (current priority date), you can initiate immigrant visa processing, which requires an additional 7-9 months. Therefore, the entire processing duration would be approximately 14-17 months.

Priority Date Note Current

In countries such as India and China, the demand for visas in the EB2 category exceeds the available quota significantly, resulting in visa retrogression or backlog. Consequently, individuals from these countries face a waiting period to obtain a visa under the EB-2 category.

Upon approval of your I-140 petition, if you were born in a country experiencing visa retrogression, you must await the availability of a visa number (current priority date) before applying for your immigrant visa or adjustment of status. If this situation applies to you, the overall duration to receive your green card could span several years.

Conclusion

The EB2 National Interest Waiver presents a favorable avenue for obtaining permanent residency (a green card) in the United States, eliminating the necessity for a job offer. With the EB2 National Interest Waiver, you have the opportunity to petition for your green card independently and include your spouse and unmarried children under 21 years old.

Achieving approval for your case under the EB-2 NIW necessitates meeting rigorous criteria. Thus, it is crucial to collaborate with a seasoned attorney to meticulously prepare and submit your EB2-NIW application.