What is an NIW Green Card?
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The NIW, also known as the Green Card (short for National Interest waiver) is a distinct type of employment-based visa category in the EB-2 visa. The NIW is unique in that it allows applicants to waive the requirement for a labor certification or job offer when they can show that their admission is within the national interest.
The NIW allows qualified individuals who do not have a sponsor to apply to USCIS for a greencard. This is particularly appealing for professionals with high-level qualifications in fields such medicine, science, education, and technology in which their work is
beneficial to the U.S.
How can I be eligible for a NIW green card?
There are a few requirements to meet in order to be eligible to be eligible for the green NIW CARD. NIW is aiming to draw professionals with the following qualifications:
An advanced degree (Master’s or PhD) or
Proved exceptional capability of their area of expertise.
Beyond these prerequisites, the individual’s work must also be of substantial importance to the national interest of the United States. Researchers who are conducting innovative research could be considered as entrepreneurs who develop techniques to improve the economy, or teachers facing major issues in the educational system.
The Benefits of the Green Card of the NIW Green Card
The application for an Green Card for the NIW has many advantages
, which makes it an ideal choice for many skilled migrants:
Job offer not required. In contrast to other green card programs that are based on employment there is no requirement to have an employer sponsor you.
Petitioning on Your Own . You don’t need to depend on an U.S.-based firm.
Speedier Process In certain situations an NIW may provide a quicker path towards permanent residence, as there is no requirement to wait for the labor certification.
The Legal Basis for the National Interest Waiver
The NIW Green Cards’ origins originate in the Immigration and Nationality Act. This law allows some non-US citizens to bypass the requirement for labor certification if it can be demonstrated that their work aligns with US national interest.
The Dhanasar case (2016) is a notable case that established the legal framework for NIW. That case revised the existing framework and gave clearer guidelines on who was entitled to a waiver.
The Key Requirements of NIW Green Card Application
To be eligible for a NIW Green Card, you need to meet two primary prerequisites:
Advanced Diploma or Extraordinary abilities You have to either hold an advanced degree in your field or show exceptional ability. It is important to show that you have been recognized by your colleagues as a specialist in your area and have accomplished important things.
National Interest The applicant’s work has to be of substantial value to the U.S. national interest. This means that it is advantageous to U.S. economics, public health and the environment in addition to other important areas.
In what manner does the “National Interest” considered?
The national interest is a broad definition however, it is generally referring to areas where the U.S. would see significant advantages from your contribution. Examples include:
The latest scientific advances contribute to health and technology for the public or to
Economic Development, Especially in Underdeveloped Sectors
The education system that addresses the the critical skills shortages
The 3-prong Test for NIW Qualifying
In the Dhanasar court case in the Dhanasar court case, a 3-pronged test was suggested to determine if a NIW applicant is eligible:
Important The project should be of significant value to the U.S.
Qualifying the applicant Skills and experience must permit you to be in a position where your application can be advanced.
The U.S. must benefit by removing the requirement for employment offers. This implies that your work is of so much value to the U.S., it’s worth sacrifices to avoid the requirement for labor certification.
How to Prepare A Powerful NIW Petition
A solid NIW is the result of a thorough preparation. Here are some key steps.
Documenting Qualifications : Gather evidence for your credentials, like degrees, published research and prizes.
Recommendations letters should be written by experts in your field that can attest to the quality of your work.
Statement of purpose Use this area to explain why your project is important for the country and how you meet the NIW Criteria.
Processing Time for the Green Card of the NIW Green Card
The duration required to process an NIW Green Card varies depending on the factors that affect it, such as how busy the U.S. office is. Citizenship and Immigration Services office in which you filed. The I-140 petition is usually processed in 12-18 months However, delays are possible if you require further evidence or clarification.
green card of NIW in comparison to.
The EB-2 Visa is an employment-based visa similar to NIW. Its main difference is the labour certification requirement. The standard EB-2 requires an employer to sponsor and go through the PERM procedure. The NIW does not require this if your work contributes to national interests.
The filing of an I-140 Petition to get a NIW Green Card
The I-140 application is the first crucial step in applying to get an NIW Green Card. This is a brief guide.
Fill in the form . Make sure you attach all documents supporting your claim.
Upload your evidence. Include all degree, awards, or publications.
The fee to pay The I-140 filing fee must be submitted along with the application.
After Filing: What’s to Expect
After you file your NIW after which you’ll receive the confirmation note which confirms that USCIS receives your application. Following this, you’ll have to be patiently waiting for an approval or submit a Request for Evidence (RFE), in which USCIS could request clarification or other documents.
Common Problems in NIW Green Card Applications
One of the most common challenges during the process of submitting an NIW Green Card application is the proof that your work aligns with national interests. RFE requests can also be issued if evidence is not strong enough to back up the claim. It is crucial to make sure that the three-prong test is considered.
How to Respond To A Request For Evidence (RFE).
Don’t be concerned if USCIS sends you an Demand for Information. The RFE is simply a sign that USCIS wants more details. The most common reasons for an RFE include:
Your qualifications are not sufficient
Uncertainty over the national interests
When responding, be certain to include a detailed explanation that specifically addresses the question.
Conclusion: The NIW Green Card is a Pathway to U.S. Residency
The National Interest Waiver Green Card allows professionals with a high level of expertise to obtain permanent residency if their work is beneficial to the United States. It’s a great option since you can petition yourself and it doesn’t require for a formal certification of your labor. The process is complex however if you meet the criteria and prepare your petition with care, it can result in the desired outcome.
FAQs
What is the processing duration for a NWI-Green Card?
The average processing time is between 12 and 18 months. However, it is possible for this to vary.
Am I eligible to submit an application for an NIW if I don’t have a job offer
Yes, NIW will allow you to apply for a job without any formal job offer.
What are the advantages of having an NIW green card over an EB-2 green card?
You are able to petition without needing the sponsorship of an employer.
Am I allowed to include my family members on the NIW application form?
You can include your spouse, as well as your children who are not married but under 21 in your application.
How do I determine if my NIW application is rejected?
If you are denied, you may contest the decision or apply again with a stronger evidence.