What is an NIW Green Card?

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The Green Card is a special category of employment based immigration that falls under the EB-2. NIW applicants can bypass the standard requirements of labor or job certification in the event that their entry into the United States is in the national interest.

The NIW lets those who meet the necessary qualifications to apply without the need for an sponsor. This is especially appealing for professionals with high-level qualifications in fields such sciences, education, medicine and other fields which benefit the U.S.

Who is eligible for an NIW Green Card?

Some people are not eligible for the NiW Green Card . The applicant must meet a set of requirements. NIW is aimed primarily towards professionals who have:

You can earn an higher degree by completing a master’s or doctoral program.

Proved outstanding ability in their field of knowledge.

Beyond these criteria, the individual’s work must be of a significant significance to the United States. It can be researchers who have produced breakthrough discoveries, entrepreneurs creating technology that can improve the economy, or teachers and educators tackling the most difficult challenges in education.

Benefits of an NIW Green Card

There are numerous advantages of applying for an Green Card, making it a viable option for many skilled immigrants:

There is no requirement that you have an employment. Unlike some other green cards that are built around employment, you don’t need an employer sponsoring you.

Self Petitioning You are able to apply on behalf of yourself to get the Green Card without relying on a U.S. company.

A faster process In certain instances the use of an NIW could lead to faster access towards permanent residency since there’s no need to wait for labor certification.

The Legal Basis of the National Interest Waiver

The NIW Green Card has its origins in the Immigration and Nationality Act that permits foreign nationals who can demonstrate that their work is aligned to the national interests of the United States to bypass the requirement for a standard labor certification.

An important case that laid the legal framework for NIW is the Case of Dhanasar (2016), which reformed the prior framework and clarified about who can be eligible for this type of waiver.

The main requirements of NIW Green Card Application

Two primary conditions must be met to be eligible for a NIW Green Card.

Advanced Education and Extraordinary Ability You have to have an advanced education or you must demonstrate exceptional abilities in your particular field. This means that you must be able to show that you’re an expert in your field within your community and that you’ve achieved significant accomplishments.

National interest The applicant’s work must be of significant value to U.S. National interest. This means that it benefits the U.S. public health, economy, environment or other important areas.

What is considered to be the ‘National Interest’?

The national-interest may be interpreted widely however, it generally refers to areas where the U.S. could benefit significantly from your contributions. Examples include:

Science advances that aid in public technology or health

The development of the economy is a particular concern for underdeveloped areas

Education contributions to address crucial skills shortages

Three-Prong Test to Determine NIW Eligibility

The Dhanasar decision laid out the tri-pronged test for determining if a applicant is entitled to the NIWGreen Card:

The Importance of the Proposed Endeavor : Your work is important and valuable for the U.S.

Qualifying the Applicant Skills and experience must permit you to be in a position that your idea can grow.

U.S. must benefit by waiving the employment offer requirement. This means that your work has immense value for the U.S., it’s worth not having to obtain labor certification.

How do I prepare a Strong Petition

It is essential to prepare properly prior to making an application. Here are a few important steps to follow:

Documenting your qualifications Find evidence to prove your knowledge.

Letters of Recommendation

The letters must be from recognized experts within your field, who can verify your contribution.

Personal declaration It is here that you are able to elaborate what your work is important to the nation and if it is in line with the NIW criteria.

Processing Time of the NNIW Green Card

The processing time for an new NIW Green Card will vary depending on many factors. This includes the caseload at the U.S. Citizenship and Immigration Services office that you submitted your application to. It can take between 12-18 months to make a decision regarding the I-140 petition. There is the possibility that the I-140 might be delayed if additional information or clarifications are required.

Green Card against. Green card EB-2

The EB-2 NIW is an additional employment-based Visa which shares a lot of similarities with the NIW. The major distinction is the work certification needed. Standard EB-2 visas require an employer to sponsor you. The employer has to complete the PERM labor certification. If you are able to prove that your work is in the national interest and is in the national interest, then NIW will waive this requirement.

Filling an I-140 Petition to obtain an NIW Green Card

To apply for a NIW Green Card you need to file an I140 Petition. Here’s a short guide to help you:

Filling out the Form : Please fill out Form I-14 and ensure that all documents supporting it are added.

Provide evidence Include your degree publications, awards, and a letter of recommendation.

Paying the fee The I-140 filing fee must be submitted with the application.

After Filing: What Should You Expect

You’ll receive you a receipt notification once you’ve completed your NIW request. This confirms that USCIS received your application. Once you’ve submitted your NIW application, USCIS will send you a strong>receipt notice/strong> confirmation that they have received your application.

Common challenges in green card applications for NIW

One of the main problems in an NIW Green Card application is showing that your work is in line with national interests. RFE Requests may also be granted if the evidence isn’t sufficient to support the claim.

The three-pronged strategy must be clearly explained.

What should you do if you receive a Demand for Evidence

If you receive an RFE do not panic. USCIS only needs to know more. The following are some of the most common reasons USCIS issues an RFE:

Lack of sufficient evidence for your credentials

There is no explanation in writing for the national interest component

If you are asked to reply, please provide precise and complete details that address all the issues.

Conclusion: The NIW Green Card is a Pathway to U.S. Residency

The NIE Green Card provides highly qualified professionals whose contributions in the United States are significant a pathway to permanent residence. This option is popular since it permits you to self-petition, and doesn’t require an official labor certification. Although the procedure can be difficult, meeting the requirements and carefully preparing your petition could result in a favorable result.

FAQs

How long does it take to process a NIW green card to be processed?

The processing times can vary between 12 and 18 months.

Am I eligible to apply for an NIW even if I do not have an employment offer

The NIW allows you to apply even if there isn’t a job offer.

What’s the main distinction between an EB-2 Green Card and NIW Green Card?

The primary advantage is that you are able to self-petition without needing employer sponsorship.

Can I include family members into my Application for NIW?

Yes, you spouse and non-married children younger than 21 may be included in your application.

If my NIW application has been refused, what should I do?

You may appeal the decision or submit a new application with more convincing proof.