What is a NIW Green Card?
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The NIW Green Card which is abbreviated as National Interest Waiver is a unique type of employment-based category that is part of the EB-2 visa. The thing that is unique about the NIW special is that the applicants are allowed to skip the standard requirement of the acceptance of a job offer or certification if they are able to prove that their entry into the United States would serve the national interest.
The NIW permits those with the required qualifications to apply without needing a sponsor. This is especially appealing for highly qualified professionals in fields such medicine, science, education, and technology where their work benefits the U.S.
Does an NIW Green Card be a valid option for someone?
Not all people are eligible to receive an NIW Green Card It is important to note that there are specific criteria an applicant must satisfy. NIW seeks to attract professionals who meet the following criteria:
A advanced degree is a higher degree, for example the PhD or Master’s degree .
Proved extraordinary abilities in their field of knowledge.
Alongside these qualifications, an individual’s work should be vital to the national interest of the United States. Researchers who carry out groundbreaking research, entrepreneurs who create new technologies that will benefit the US economy and educators who solve significant issues within the educational system are all qualified.
The Benefits Of The Benefits Of Green Card
The application process for a Green Card for the NIW has several advantages, which makes it a great option for many skilled migrants:
Job offer not required. Unlike most other green card programs that are based on employment there is no requirement to have an employer sponsor you.
Self-Petting You can apply on behalf of yourself for the Green Card without depending on a U.S. company.
Speedier processing: An NIW in some cases can lead to a faster path towards permanent residency as it doesn’t require any an employment certificate.
The Legal Basis for the National Interest Waiver
The NIW Green Card derives from the Immigration and Nationality Act. This law allows certain foreigners to bypass the standard requirements for labor certification if they can prove that their work is in line with the national interest of United States.
The Case of Dhanasar in 2016 was a significant case that set the legal basis for NIW. The decision reformed the previous guidelines and clarified who would be eligible for this waiver.
The most important specifications to apply for NIW Green Card Application
To qualify to receive a NIW Green Card, you must meet two main prerequisites:
High-Quality Education or Outstanding Ability. You must have or have a degree that is advanced, or exceptional talent. This typically means that you’re regarded as an authority by your colleagues and also have notable accomplishments.
National InterestThe proposal of the applicant’s work must be of substantial importance to the U.S.national interest. It could benefit the U.S. environment, economy, health or public security.
In what way is the “National Interest” taken into account?
The national interests is a broad term which can be used in a variety of ways, but generally is used to describe areas within the U.S. where your contributions would have a significant impact. Examples include:
Scientific advances that improve the public’s health or technology
Economic growth, in particular in areas that are not developed
Contributions to education in order to address critical skill shortages
Three-prong Test to Find NIW Eligibility
In the Dhanasar court case it was proposed a three-pronged test was proposed to determine if an candidate for NIW is eligible:
Importance Your project should be valuable and of importance to the U.S.
Qualities for the Applicant. You must possess the necessary skills and expertise to be able to advance your project successfully.
Advantages for the U.S. : Your work is so important that it is more than the requirements for a labor certification.
Tips on how to write a Powerful NIW Request
The creation of a solid NIW petition requires thorough preparation. Here are some steps that you must take:
Documenting Your Experience Take proof of your skills, such as degrees, publications and awards.
Letters of recommendation They should be directly from an expert in your field who can attest your contributions.
Personal statement This is your opportunity for you to clearly explain your work and explain why it is within the national interest.
Time to process the Green Card. Green Card
The processing time for a NWI Green Card will vary depending on a variety of aspects. This includes the caseload in the U.S. Citizenship and Immigration Services, or USCIS this is the place which you make your application. A decision on an I-140 is typically made in 12-18 month. Delays may occur, however, if there are additional conditions or clarifications.
NIW vs. Green Card
The EB-2 NIW is a different employment-based Visa that has similarities with the NIW. The primary distinction is the work certification required. In order to get the standard EB-2 you will need an employer who will sponsor you and that employer has to complete the PERM labor certification process. If you can show that your work is in the national interest and is in the national interest, then NIW can waive this requirement.
The filing of an I-140 Petition to be granted an NIW Green Card
Filling out the I-140 petition is the most important step to apply for an NIW Green Card. Here is a short step-by-step guide:
Fill out the form Then complete Form I-140 and ensure all supporting documents are included.
Submit evidence Include your degree or awards, publications and letters of recommendation.
The fee: The I-140 filing fee has to be included with the application.
After Filing, what can you expect ?
When you have filed your NIW petition with USCIS, you will be sent a notification of receipt which confirms that USCIS has received the application. Following this, you’ll need to either be patiently waiting for an approval or to submit a Request for Evidence (RFE), in which USCIS could seek clarification or request additional documentation.
Common challenges faced by NIW Green Card applicants
Convincing that your activity is in the national interest is among the biggest hurdles when applying for a NIW Green Card. A request for further details can also be a result if the evidence supporting the claim is not sufficient. It is important to ensure that the three-prong test is addressed.
What should you do if you receive a Demand for Evidence
If you get an RFE, don’t panic. It simply means USCIS is in need of more information. The following are some of the reasons that are commonly used to explain why USCIS issues an RFE:
Your qualifications are not enough
Inconsistent explanations of the national interest element
Your response should be well-organized and detailed, with documentation which addresses the specific issues you have that have been raised.
Conclusion The NIW Green Card – A Pathway to U.S. Residency
The NIW Green Card provides an unique route to permanent residence for skilled professionals whose work greatly benefits the United States. This option is highly sought after since it
permits you to self-petition, and doesn’t require an official labor certification. While the procedure may seem complex, following the rules and preparing your petition properly can ensure you get a positive result.
FAQs
What is the processing time for the NWI-Green Card?
It usually takes between 12 and 18 months to complete the process, however the processing times may vary.
How do I apply for an NIW even if I don’t have a job offer?
You can apply for NIW without a work.
What is the primary difference between an EB-2 and NIW Green Card?
It is possible to self-petition without the need for an employer’s support.
Do I need to add my family members when submitting an NIW application?
Yes, your spouse as well as non-married children younger than 21 may be a part of your application.
If my NIW request has been refused, what should I do?
If you are denied, you may appeal the decision, or apply again if your case is more convincing.