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If the applicant is in the U.S. in valid nonimmigrant status or is otherwise eligible, the foreign national can file for Adjustment of Status (Form I-485) with USCIS and may continue to stay in the U.S. until a final decision is taken by the USCIS on his or her Adjustment of Status application. The EB2 national interest waiver is a great option for you to get lawful permanent residence (a green card) to the United States, without the need for a job offer. Getting Married On A Tourist Visa To A US Citizen: Can You Do It? The National Interest Waiver is a unique immigration program that offers a route to a U.S. green card as an independent professional. If your spouse is on H-4, an EB-2 approval can be used to apply for your spouse's H-4 work authorization. There is a complicated list of criteria both in terms of education and work experience. For most EB-2 applications, petitioners need a permanent job offer and an approved labor certification. Over the past two decades, we have successfully represented thousands of clients in their NIW cases. What Is a National Interest Waiver? It is also important to make clear that at this time premium processing service is not available for National Interest Waiver applications, although it is available for traditional EB-2 filed with labor certification. USCIS K1 Adjustment Of Status After Divorce: Do You Qualify? Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. I guess the reason for this is that not many lawyers seem to practice in this area. Most NIW Green Card applicants easily pass the General EB-2 Eligibility Test by having an advanced degree or its equivalent. In the aftermath of the Great Recession and economic slowdown, and because of the current tightening of U.S. immigration policy, winning approval for NIW petitions has been challenging. Green Card - EB1 - EB1A - NIW - National Interest Waiver - EB2 - EB3. The National Interest Waiver is an extremely attractive choice for those who qualify because it allows applicants to self-petition for permanent residence without having to submit a Labor Certification Application (LCA) with the Department of Labor. You can petition for a green card based on National Interest Waiver by submitting a written request for waiver of the labor certification process to the USCIS. var disqus_shortname = 'visapro'; Options for Permanent Residency. 2.For Aliens of Exceptional Ability in Science, Arts or Business – at least 3 of the following: a.An official academic record showing that he or she has a degree, diploma, certificate or similar award from an institution of learning relating to the area of exceptional ability, b.Letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation, c.A license to practice the profession or certification for a particular profession or occupation, d.Evidence that he or she has commanded a salary or other remuneration for services that demonstrates exceptional ability, e.Evidence of membership in professional associations. c.must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the applicant by making available to U.S. workers the position sought by the applicant. Green Card. As a doctorate degree holder, he is eligible for the EB-2 Green Card category as an advanced degree holder and his research and achievements may make him a foreign national of exceptional ability as well. Getting a national interest waiver makes an EB-2 visa application easier since employers do not have to sponsor or provide labor . If you are considering securing EB-2 NIW Green Card successfully, Schedule A Free Immigration Consultation Today >>. As previously mentioned, premium processing is not available for I-140 petitions that are filed with National Interest Waivers. Julio’s research has led directly to the development of drugs that fight off serious infectious diseases. The legal framework to determine if your work is in the national interest has been recently modified. If you are a professional seeking to live and work in the United States, you have likely considered a number of immigration options. Now in its fourth edition, authors Greg Siskind and Elissa Taub provide the most up-to-date information regarding immigration for foreign physicians in The Physician Immigration Handbook. In 1990, Congress created the EB-2 immigrant visa category within the Immigration Act for those interested in US permanent residency. The legal framework to determine if your work is in the national interest has been recently modified. Found insideThis belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Send us an email at: info@nationalinterestwaiverlaw.com.
Found inside – Page 168than allowed by Immigration or worked in the US while being an ... A National Interest Waiver ( NIW ) petition falls into the employment based immigration ... Written by an attorney who has practiced immigration and nationality law since 1995 and has received countless approvals for his clients in achievement based cases, this book provides readers with an excellent background of the United ... Generally, in order to seek an immigrant visa in the EB-2 category, an employer must file a Form I-140 immigrant visa petition on behalf of the foreign national which must be accompanied by an approved and certified Labor Certification (ETA Form 9089). To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf. A national interest waiver is a method of obtaining U.S. lawful permanent residence (a green card) without an employer as sponsor, which can be used if you are engaged in work that benefits the United States economy, education system, health, or some other aspect of society. How do I apply for a national interest waiver? National Interest Waiver Overview. Under a Physician NIW, a qualifying alien physician commits to working for five years in clinical practice in an underserved area or in a Veterans Affairs (VA) facility. Found insideThe second edition of Troubleshooting and Repairing Major Appliances features: Expert coverage of major appliances Cutting-edge guidance on appliance operation, testing and repairing, wiring, preventive maintenance, and tools and test ... The applicant is well positioned to advance the proposed endeavor. If the foreign national is submitting a petition as an Alien of Exceptional Ability, merely submitting evidence for the 3 of the 10 prongs is not sufficient to be deemed “exceptional.”, USCIS must consider all of the evidence in its totality to make “final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above what is ordinarily encountered.”. EB2 NIW green card or EB2 National Interest Waiver is a second preference employment based green card category. Through the EB2 national interest waiver, you can self-petition for your green card and also apply for your spouse and unmarried children under 21 years old. Since there is no labor certification or permanent job offer requirement, an NIW is an attractive choice for scholars, researchers, postdoctoral research fellows, Ph.D. students, and other advanced degree professionals. The story of West Indian immigrants to the United States is generally considered to be a great success. Mary Waters, however, tells a very different story. Tel 310 496 4292 Your professional memberships could help you qualify for a National Interest Waiver. The national interest waiver authorizes EB2 green card applicants to self-petition (ie, apply on their own behalf for the green card, rather than needing the sponsorship of an employer). Green Card Backlog Bill: A Guide To Proposed Green Card Refo…, is a member of the professions holding an advanced degree or its equivalent, or, has exceptional ability in the fields of sciences, arts, or business, he or she will work permanently in the U.S. in the. The AAO decision in Matter of Dhanasar vacated the long-held NIW standard set forth in Matter of NYSDOT. An alien may apply for a green card in EB2 National Interest Waiver (NIW) category and seek a waiver of the offer of employment and waiver of labor certification by establishing that his/her admission to permanent residence in the U.S. will be in the national interest. step 1. If you just need to know your visa eligibility or have a few short questions. He also provides legal support and representation in family sponsored immigration matters.more >>, On December 27, 2016 in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) handed down a groundbreaking decision which has changed the analytical framework for determining eligibility of national interest waivers. The National Interest Waiver: The Leading Green Card Choice for Professionals by Jacob Sapochnick The National Interest Waiver, a subcategory of the EB-2 employment based, second preference visa, is a great option for professionals who can demonstrate possession of an advanced degree or exceptional ability in their proposed field or endeavor. If you are struggling with finding the best option for you, we would be happy to schedule a consultation with you. ‘Exceptional Ability‘ in the sciences, arts, or business means a degree of expertise significantly above that ordinarily encountered in the respective field (distinguishable from Schedule A Group II “Exceptional Ability in Arts and Science”). N ational Interest Waivers / EB-2 Green Card Category . The primary audience is process engineers in the microelectronics industry. Additional contributions come from academia and other industry segments (automotive, aerospace, and medical device manufacturing). The National Interest Waiver (NIW) green card may be an option for members of the professions holding an advanced degree or its equivalent, or for individuals with Exceptional Ability in the Sciences, Arts or Business who can show that their work is in the national interest. The labor certification process can take anywhere from 8 to over 18 months. The EB-2 NIW category eliminates the additional processing time involved in obtaining a certified Labor Certification from the DOL. These law schools have highly competitive admission requirements and they are consistently ranked by national media as top U.S. law schools based on the quality of their legal curriculum. How can a National Interest Waiver help you obtain a Green Card? If you think that you may qualify for a National Interest Waiver, please contact our team at (916) 613-3553. The process for obtaining an EB-2 green card under the National Interest Waiver is composed of two phases (1) the visa petition and (2) the application for permanent residence. To qualify for an EB-2 National Interest Waiver Green Card, the applicant must demonstrate that: The EB-2 NIW applicant must establish that he or she will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His continued research in this area has the potential to provide benefits that are national in scope. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability, Letters documenting at least 10 years of full-time experience in your occupation, A license to practice your profession or certification for your profession or occupation, Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability (high salary), Membership in a professional association(s), Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations. DID YOU KNOW? To clarify further, an NIW is a waiver obtained via a foreigner who wants to have working authorization in the United States without a . Why is NIW an attractive choice over traditional Labor Certification? Unlike other employment based green cards where an employer's job offer is needed, such requirement can be waived if your credential or experience can benefit the United States. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. National Interest Waiver U.S. Applying For EB2 Green Card National Interest Waiver. A National Interest Waiver (NIW) petition falls in the employment-based, second-preference (EB-2) immigration category. For most EB-2 applications, petitioners need a permanent job offer and an approved labor certification.However, an NIW requests these requirements be waived for the sake of the "national interest of the United States," thus allowing an applicant to apply for . Extraordinary Ability. This is especially useful for immigrants who are currently facing: Advantages of National Interest Waiver category. Obtaining the Labor Certification is a process whereby the Department of Labor must certify that there are no U.S. workers who are able, willing, qualified, and available to perform the offered job after the employer has undertaken a prescribed round of recruitment for the particular position. students also qualify. Live and work in the U.S. indefinitely. The national interest waiver green card "waives" the labor certification requirement of a job offer and shortage of U.S. workers. Some service centers may be experiencing a higher workload which can translate to a longer processing time, while others are able to distribute their workload more efficiently. As a general matter, there are 3 prongs that must be met to prove that the applicant’s proposed endeavor is in the National Interest (thus demonstrating that the requirement of a job offer, and labor certification should be waived): In addition to the 3-prong test, applicants must also meet the below mentioned criteria: Our office works closely with the applicant to evaluate their background and professional achievements to carefully craft and cultivate a strong National Interest Waiver application. Without the filing of a National Interest Waiver, applicants must have employment sponsorship and their employers must go through the lengthy PERM (Program Electronic Review Management) Labor Certification process. As a subset of the EB-2 category of employment-based immigration, a petitioner whose work offers benefits to the economy, education, or health system of the United States is qualified to apply for a green card. The waiver part of the name is based on the fact that this green card is granted based on a waiver of the job offer and the labor certification (PERM) process.The national interest part of the name is based on the requirement that the waiver can only be granted if it is in the national .
Obtaining approval of a labor certification application is no easy task. EB-2 National Interest Waiver Green Cards. var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; There is ambiguity around the definition of the Term "National Interest Waiver" (NIW): The jobs that qualify for a national interest waiver are not defined by statute. This new decision will affect foreign nationals who are pursuing a green card based on employment in […], Do’s and Don’ts If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. The NIW green card processing time is typically between 3 to 9 months. EB1A. One cannot go wrong in using them for your visa needs. Found inside – Page 25Unlike the OPTs (in my study) who had graduate degrees in STEM fields and had the advantage of the National Interest Waiver (NIW) green card process, ... Finally, the book includes information on beading materials, beads, thread, tools, weaves, knots, and much more. The EB-2 National Interest Waiver (EB-2 NIW) category provides an exemption to both of these requirements, thus offering a significantly quicker process for qualifying foreign nationals to obtain permanent residence in the U.S. may be eligible to seek permanent residence status in the Employment Based, 2nd Preference or EB-2 Category.
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Nadia Galash specializes in adjustment of status/permanent resident processing; citizenship; deportation and removal proceedings before Immigration Court; law and motion […]. Contact Casseus Law for a free email credential review to determine if you are qualified for a Green Card through the National Interest Waiver (NIW): contact@casseuslaw.com. DID YOU KNOW? As a result, the applicant may change jobs or even engage in self-employment so long as other . Found inside – Page 66A national interest waiver is not easy to attain, and does not apply for most cases. The labor certification process itself can take months and is very ... From our family to yours, Happy Labor Day! The new national interest waiver standard . possible without permanent job offer from U.S. employer - self petition; very fast process (usually months, sometimes even weeks) - NIW waives lengthy Labor Certification; EB2 NIW green card is not tied to one employer and change of the job is possible (still need to have a job in the "national interest" area) Click on the chat button below to speak with one of our team now. IMPORTANT National Interest Waiver is now easier for certain self-employed scientists to obtain green card. PERM Labor Certification. If you would like to contact us, please call us at (713) 771-8433 or visit us at one of our seven locations. The new national interest waiver standard . EB-2 National Interest Waiver Lawyer in Chicago Illinois. EB-2 numbers generally remain current for all applicants except those born in India and mainland China. The EB-2 puts you on a path to obtaining permanent residency through a green card. As a result, the applicant may change jobs or even engage in self-employment so long as other . Our Team Contact Us Blog Free Evaluation . This implies that the foreign national is eligible to apply for their green card without any job offer from a U.S. employer. The NIW process is complex and, at times, a bit convoluted. Also known as the EB-2 NIW green card, this is a way for you to essentially self-sponsor your own green card by proving the work you do benefits the United States economy, education system, health system, or another important industry. In short, the green card application process with Tom saves a lot of your time, you do not need to know a lot about the application process as they cover that for you, reduce the unnecessary burden on getting your green card, saves money, multiple options for paying his service fee and filing fee, no hidden fees or fees for using credit cards . EB-2 approval grants individuals on H1-B status an extension. The work permit takes approximately 7 months on average to be approved. It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification. We have had many cases approved for clients living abroad at the time we filed their cases. As a result, the applicant may change jobs or even engage in self-employment so long as other . The EB-2 National Interest Waiver (EB-2 NIW) category allows qualifying foreign nationals to petition for a Green Card without the need for a U.S. employer, a job offer in the U.S. or a labor certification, resulting in a significantly quicker process for obtaining permanent residence in the U.S. VisaPro immigration attorneys have successfully helped both U.S. employers and qualifying self-petitioning applicants through the EB-2 National Interest Waiver Green Card process. The national interest waiver green card "waives" the labor certification requirement of a job offer and shortage of U.S. workers. For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here. The National Interest Waiver is a procedure to bypass the cumbersome labor certification process, as administered by the Department of Labor and which ordinarily is a prerequisite in obtaining permanent residence through the second preference EB-2 employment based green card category.