The EB2-NIW visa presents a favorable choice for immigrants possessing exceptional skills or advanced educational qualifications. If you meet the eligibility criteria, this visa can provide a quicker and more streamlined pathway to obtaining a green card compared to the conventional route. This article will delve into the requirements and advantages of the EB2-NIW visa. Unlike other EB2 visas, the NIW exempts applicants from the necessity of a job offer and labor certification. Upon approval, the applicant and their family are granted a Green Card.
An advanced degree encompasses a Doctoral or Master’s degree, or a Bachelor’s degree (lasting four years or more) in addition to five years of progressive post-baccalaureate work experience in the relevant field. The evidence required varies from case to case and may include diplomas, academic transcripts, letters confirming employment, and, if necessary, an expert opinion.
Exceptional ability refers to a level of expertise significantly surpassing what is typically encountered in the fields of science, arts, business, or sports.
In the absence of an advanced degree, applicants must fulfill at least three of the following criteria:
The documentary evidence required to demonstrate “exceptional ability” varies for each case, depending on the applicant’s educational and professional background, as well as their achievements. Some examples of common evidence include academic degrees and transcripts, reference letters, and letters confirming employment history.
Regular EB2 petitions typically involve an employer as the petitioner, necessitating a job offer and labor certification. On the other hand, EB2-NIW (National Interest Waiver) is a type of EB2 petition where the applicant petitions for themselves. In an EB2-NIW petition, there is no requirement to present a job offer or labor certification. However, in addition to meeting educational requirements, the petitioner must prove the following:
The EB2-NIW petition is considered one of the most complex immigration cases due to the specific and extensive documentary evidence required. Engaging the services of a qualified attorney is highly recommended to enhance the chances of approval.
The family members of EB2-NIW visa holders, including the spouse and unmarried children (or stepchildren) under 21 years of age, are covered under the application. If the case is approved, they will also receive a Green Card.
A letter of recommendation for EB2-NIW highlights the applicant’s exceptional qualifications, skills, and achievements, demonstrating the benefits the United States would gain from having them in the country. These letters are typically provided by current or former clients, employers, professors, or peers.
Indeed, you can apply for EB2-NIW from outside the United States. In such cases, the employment-based visa application will be initially reviewed by the USCIS within the United States. Once approved, you and your family will go through consular processing, which involves scheduling an interview at the relevant U.S. Embassy or Consulate. Following the interview, you will be granted permission to enter the United States and receive your Green Card.
The entire process of gathering and organizing the necessary evidence, as well as constructing the argument, typically takes around 4-6 months.
During the EB2 application process, you have the option to request employment and travel authorization for both yourself and your family. The approval for these authorizations may take approximately 10 months. Once granted, you and your family are permitted to legally work in the United States and travel internationally while your EB2 case is being adjudicated.
The USCIS generally takes 12-24 months to process an EB2-NIW petition, although the timeframes can vary.
Yes, you can choose premium processing for an additional fee of $2,500. This fee is payable upon submission of the I-140 petition or afterward. By selecting the premium processing service, the USCIS will either adjudicate your case or issue a Request for Evidence within 15 calendar days.
No, premium processing does not impact the chances of approval. It expedites the processing time but does not influence the final decision.
The Green Card obtained through EB2-NIW signifies permanent residency, and the physical card itself is valid for 10 years. It can be renewed thereafter. Once you have met all the necessary conditions, you may apply for citizenship after 5 years.
The specific documentary evidence required varies for each case, depending on the applicant’s educational and professional background, as well as their achievements. Common examples of evidence include degrees, academic transcripts, reference letters, and letters confirming employment.
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