What is what is a NIW Green Card?
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The Green Card is abbreviated as National Interest Waiver is a distinct type of employment-based immigration category that is part of the EB-2 visa. The thing that makes the NIW unique is that applicants can waive the usual requirement of a job offer or labor certification if they prove that their admission to the United States would serve the national interest.
The NIW permits qualified people who do not have a sponsor to apply to USCIS to obtain a green card. This is particularly appealing for highly skilled professionals working in areas such as education, science, or technology.
Who is eligible for a Green Card NIW?
Not everyone is eligible to receive an Green Card There are specific criteria an applicant must satisfy. In general, the NIW is targeted at professionals who meet one of the following criteria:
A advanced degree is a higher degree, for example an MS or PhD degree .
Proved exceptional ability in their area of knowledge.
Beyond these requirements The individual’s work should also be of substantial importance to the national interest of the United States. This includes scientists conducting innovative research, entrepreneurs who develop innovative technologies to help boost economic growth, as well as educators who are working to solve the major challenges facing the educational system.
The Benefits of NIW Green
Card
There are many advantages to applying for the green card for skilled workers.
There is no requirement to have an occupation. Unlike some other green cards built around employment, you do not require an employer to sponsor you.
Application for the Green card by yourself is possible.
Faster procedure. In some cases an NIW could result in a more rapid path towards permanent resident status since it doesn’t require waiting for a labor certificate.
The legal foundation for the National Interest waiver
The NIW Green Card has its roots in the Immigration and Nationality Act that permits foreign nationals who are able to prove that their work is aligned with the national interest of the United States to bypass the necessity for a standard labour certification.
The Dhanasar case (2016) is a notable case that established the legal framework for NIW. That case revised the framework in place and provided specific guidelines regarding who was eligible for such a waiver.
The main requirements of NIW Green Card Application
To qualify for a NIW Green Card, you must meet two main requirements:
Advanced Education and exceptional Ability You have to have a higher education or you must demonstrate exceptional ability in your field. This means that you need be able to show that you’re a recognized expert in your field and that you’ve achieved significant accomplishments.
National interest: Work that is proposed by the applicant should have a substantial value for U.S. national interests. It could benefit the U.S. environment, economy and health, as well as public security.
What is
a national interest?
The term “national interest” could be interpreted in a broad manner, and is generally used to refer to areas where the U.S. will benefit from. Examples include:
Innovations in science and technology that aid the health of people or technology
Economic development is vital, particularly in the underdeveloped sectors
Education contributions to address important skill shortages
The 3-prong Test for NIW Qualification
The Dhanasar Case outlined the Three-Prong Test for determining the eligibility of a person to receive a NIW Green Card.
The Importance of the Proposed Endeavor : Your work must be significant and beneficial for the U.S.
Applicant Qualifications You should be able to improve your work proposal based on the skills and experiences you’ve gained.
Benefits to the U.S. You must be offered a job which is so valuable that the U.S. will benefit.
How do you prepare an effective NIW petition
Building a strong NIW petition requires careful preparation. Here are the essential steps to follow:
Documenting the credentials. Gather proof of qualifications such as degrees, awards, publications and other evidence of knowledge.
Letters of recommendation These letters should be received experts who are acquainted with your work and are able to attest to your contribution.
Personal declaration – This is where you are able to elaborate the reasons why your job is of national significance and why it meets the NIW criteria.
Processing Times for the NIW Green Card
The duration needed to process an NIW Green Card varies depending on a few factors, including how busy the U.S. office is. Citizenship and Immigration Services’ (USCIS) local office. This is the place to apply. A decision on an I-140 is usually made within 12-18 month. There are delays that can occur but only if there are any additional rules or clarifications.
NIW in comparison to. Green Card
The Eb-2 Green Card is another employment-based visa that has many similarities to the NIW however the main distinction is in the labor certification requirement. Standard EB-2 visas require an employer sponsoring you. The employer has to complete the PERM labor certificate. This requirement can be waived by the NIW when you’re able to prove that your job is in line with national interest.
The filing of an I-140 Petition to obtain a NIW Green Card
The I-14 petition must be filed as the first step to be eligible for an NIW Green Card. This is a quick outline of the procedure:
Fill out the form . Make sure to include all the documents that support your claim.
Upload evidence. Include awards, publications and letters of recommendation.
Payment fees: You must include the I-140 filing fee when you submit your application.
What should you expect to do after filing
Once you’ve filed your NIW petition, you’ll receive the receipt notice which confirms that USCIS has received your application. The next step is to wait for a response, also known as an Request For Evidence (RFE),. USCIS will require additional documents or explain your situation.
Common challenges faced by NIW Green Card applicants
The NIW Green Card is a complicated application. One of the primary issues is proving that there is an alignment between your work and the national interest. Requests for Evidence are also a possibility in the event that the evidence does not support the assertion. It’s crucial to ensure that all the aspects of the three-prong test have been clearly addressed.
What to do when you get a Request for Evidence
Don’t panic if you receive a RFE. USCIS is simply asking for more information. Common reasons for an RFE could be:
Lack of sufficient evidence for your skills
The national interest component of the equation is not defined clearly
When you respond, make sure you provide thorough and well-organized documentation that specifically answers the questions raised.
Conclusion – The NIW Green Card and the Path to U.S. Residency
The National Interest Waiver Green Card permits professionals who are skilled to get permanent residency if their work is beneficial to the United States. It’s a highly desirable option because it allows self-petitioning and eliminates the need for a labor certification. While the procedure may seem complex, following the rules and preparing your petition correctly will ensure a positive result.
FAQs
What is the time it will take to complete an NIW Green Card?
The processing times can vary from 12 to 18 months.
Do I have to submit an application for an NIW, even though I don’t have an employment offer?
You can apply for NIW without a job.
Why is an NIW card better than an EB-2?
The major benefit of self-petitioning is that it does not need employer support.
Do I have the right to include my family members on the application for NIW?
Yes, you can include your spouse as well as your children who are under 21 years old.
What was the reason my NIW was refused?
If you are denied, you are able to appeal or apply again using more evidence.