EB-2 New Pettition

ALL YOU NEED TO KNOW ABOUT EB-2 NIW NATIONAL INTEREST WAIVER

eb-2 niw

The EB-2 National Interest Waiver (NIW) is a category of immigration under the U.S. Employment-Based Second Preference (EB-2) visa program. It allows individuals with advanced degrees or their equivalent to apply for a waiver of the labor certification requirement, which is typically required for individuals seeking to work in the United States.

To qualify for the EB-2 NIW category, an individual must have an advanced degree (such as a Master’s or Ph.D.) or a combination of education and work experience that is deemed to be equivalent. They must also be able to demonstrate that their work in the United States will be in the national interest, such as by showing that their work will have a significant impact on the field they are working in, or that it will provide a significant benefit to the United States.

Individuals who are eligible for the EB-2 NIW category do not need to have a job offer from a U.S. employer in order to apply, and they can self-petition for their green card. However, they must still meet all other eligibility requirements for the EB-2 visa program, such as being able to show that they have the necessary qualifications and skills to succeed in their chosen field.

Overall, the EB-2 National Interest Waiver category offers a unique opportunity for individuals with advanced degrees or their equivalent to work in the United States in a field that is deemed to be of national interest. It allows these individuals to bypass the labor certification requirement and self-petition for their green card, making it a potentially attractive option for those who are looking to work in the United States in a field that is of national interest.

Once an individual has determined that they are eligible for the EB-2 NIW category, they can begin the application process by completing and submitting Form I-140, Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS). This form can be submitted online or by mail and must be accompanied by the appropriate filing fee and any supporting documentation that is required.

Supporting documentation for an EB-2 NIW application may include:

  • evidence of the individual’s education, such as copies of degrees and credential evaluations
  • evidence of the individual’s work experience, such as resume and letters from employers
  • evidence of the national interest value of their work, such as cover/ petition letter, business or professional plan, letters of recommendations, expert opinion letters, publications, awards, participation in professional organizations and more.

After the Form I-140 and supporting documentation have been submitted, the individual will need to wait for the USCIS to review their application and make a decision. If the application is approved, the individual will be able to proceed with the next steps in the green card process, such as applying for a green card or adjusting their status to become a permanent resident of the United States. If aping within the U.S., petitioner can also concurrently File adjustment of status application along with I-140 application.

Overall, the process for applying for the EB-2 National Interest Waiver category involves determining eligibility, completing, and submitting the necessary forms and documentation, and waiting for a decision from the USCIS. It is important to carefully read and follow all instructions and requirements, and to provide all necessary information and documentation in order to increase the chances of a successful application.

eb-2 niw

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