What is what is a NIW Green Card?
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The NIW green card is short for National Interest Waiver
. It is a type of immigration category that is employment-based and is part of the EB-2 Visa. The NIW visa is special because applicants are allowed to bypass the usual requirement for a work offer or labor certification if they prove that their entry into the United States will serve the country’s interests.
The NIW allows for qualified individuals who do not have a sponsor to submit an application to USCIS to obtain a green card. This can be particularly appealing for highly skilled professionals in fields like education, science, technology or medicine, as their work has a significant impact on the U.S.
Who Qualifies for an NIW Green Card?
There are criteria for obtaining an green card for the NIW. The NIW is designed for professionals who meet one of the following criteria:
You can earn an higher level of education through the completion of a master’s or doctoral program.
Proven extraordinary capability in their area of expertise.
The work of a person has to be vital to the national interests of the United States. Researchers who are conducting innovative research could be considered, as well as entrepreneurs who create techniques to improve the economy or facing major issues within the education system.
The Benefits Of NIW Green Card
There are many advantages to applying for the green card for workers with a skilled background.
Does not require an employment offer It is not necessary to be sponsored by a particular employer, unlike other green cards based on work.
Applying for the Green card by yourself is possible.
Speedier procedure. In some cases an NIW can lead to faster access to permanent resident status, since it doesn’t require waiting for a labor certification.
The Legal Basis for the National Interest Waiver
The NIW Green Card derives from the Immigration and Nationality Act. This act permits certain foreigners to avoid the standard requirements for labor certification if they can prove that their work is in line with the national interests of United States.
The Dhanasar case (2016) is a notable case that laid the legal foundations for NIW. The case reformed the existing rules and set forth more precise guidelines for who is entitled
to a waiver.
Important Requirements to Apply for a NIW Green Card
Two primary requirements must be met in order to be eligible for a NIW Green Card.
Advanced Education or Outstanding ability. You must possess or have a degree that is advanced, or exceptional ability. This usually means that you are regarded as an authority among your peers and also have notable accomplishments.
National interest The applicant’s work must have a significant impact on U.S. National interest. It is important for the U.S. Economy, Public Health, Environment, or any other crucial area.
What are the criteria for determining what is in the national interest?
The National Interest can take many shapes, but generally it refers areas where you can benefit the U.S. from your contribution. Examples include:
Advances in science and technology that help improve public health or technology
Economic development, especially in underdeveloped regions
Education contributions that address critical skills shortages
The 3-Prong Test of the NIW Qualifying
The test with three prongs was used in the Dhanasar issue to determine if a person is qualified for a green NIW card:
Importance The initiative proposed must have a significant benefit to the U.S.
The qualifications for applicants. You must possess the necessary skills and expertise in order to effectively advance your project.
Benefit for the U.S. Your work must be so valuable that it is worth the certification of labor.
What is the best way to prepare a strong NIW petition
The preparation is the key to the success of an NIW petition. Here are a few important steps.
Documenting your qualifications Document your qualifications: Collect evidence of your expertise with regard to degrees, publications of research and distinctions.
Letters of Recommendation The letters must be from reputable experts in your field, who can verify your contribution.
Personal Statement Personal statement: This is an chance to explain clearly your job and explain why it is within the National Interest.
Processing Time for the NIW Green Card
The duration needed to complete an NIW Green Card varies depending on several factors, including how busy the U.S. office is. Citizenship and Immigration Services is situated in the town where you’re filing. It can take between 12-18 months to decide on the I-140 petition. There is a possibility that the I-140 might be delayed if additional details or clarifications are needed.
Green Card vs. EB-2 Green Card
The EB-2 green card is similar as the NIW. However the labor certification requirement is the primary distinction. The standard EB-2 requires employers to sponsor and complete the PERM process. If you are able to prove that your work will benefit the national interest, then the NIW may waive this requirement.
Filing the I-140 Petition for an NIW Green Card
In order to apply for the NIW Green Card you need to file the I140 Petition. Here’s a short guide to help you:
Complete the Form Complete the Form I-14 and ensure that all documents supporting it are attached.
Send proof include publications or degrees, awards, letters of recommendation.
Payment of the fee I-140 application fee: The I-140 application fee has to be paid with the application submission.
What to expect after filing
After you file your NIW, you’ll get the confirmation notification which confirms that USCIS accepts your application. From there, you’ll have to wait for either an approval or a Demand for Evidence (RFE), where USCIS might request additional information or clarification regarding your case.
Common issues that NIW applicants face Green Card applicants
It is usually difficult to establish that the work you do coincides with national interests in requesting a NIW Green Card. If your evidence to support your claim is not sufficient, you may receive RFE requests . The three-pronged approach must be outlined clearly.
Response to an Evidence Request (RFE)
If you are notified of an RFE, don’t panic. USCIS simply requires additional details. The following are some of the reasons that are commonly used to explain why USCIS issues an RFE:
Insufficient evidence to support your credentials
Inconsistent explanations of the national interest component
When you respond, make sure you provide thorough and organized documentation that directly addresses the issues you’ve raised.
Conclusion: The NIW Green Card is a Pathway to U.S. Residency
The National Interest Waiver Green Card lets professionals with a high level of expertise to obtain permanent residency if their work benefits the United States. It’s a desirable option due to the fact that you can petition yourself and it doesn’t require for a formal certification of your labor. While the process is difficult, meeting the requirements and carefully preparing your petition could result in a favorable outcome.
FAQs
How long does it take for an NIW green card to be processed?
Processing times vary from 12-18 months.
Can I submit an application for an NIW, even though I don’t have a job offer?
The NIW allows you to apply even if there isn’t any job advertisement.
What are the advantages of having an NIW green card over an EB-2 green card?
The primary advantage is the fact that you can self-petition, without the need for employer sponsorship.
Do I have to add my family members in submitting an NIW request?
Your spouse as well as children under 21 years old who are not married may be included on your application.
What happens when I am denied a NIW?
If you’re denied, you are able to contest or reapply with stronger evidence.
