EB2 National Interest Waiver (NIW) Green Card - Procedure, requirements and eligibility
What is EB-2 Visa ?
EB-2 is a worker visa for United States work based permanent residency, made by the Immigration Act of 1990. The classification incorporates "individuals from the callings holding propelled degrees or their comparable", and "people who as a result of their remarkable capacity in the sciences, expressions, or business will significantly profit tentatively the national economy, social or instructive interests, or welfare of the United States, and whose administrations in the sciences, expressions, callings, or business are looked for by a business in the United States.
The EB2 Visa (or EB2 Green Card) is for Employment-Based "Extraordinary" Ability or Advanced Degree Permanent Residence.
This US visa is accessible to two primary kinds of candidate:
1. Members of callings who hold a propelled degree (or comparable)
2. Individuals who can generally demonstrate "extraordinary capacity" (i.e. mastery that is essentially higher than the standard) in their specific field, regardless of whether the sciences or expressions, drug, business, or games.
The EB2 Green Card is exceptionally alluring on the grounds that it can offer a moderately quick course to lasting U.S. living arrangement. In any case, it comes under investigation by USCIS, so you are firmly encouraged to contract a movement lawyer that has a reputation in fruitful EB2 applications.
National Interest Waiver (NIW)
National Interest Waiver (NIW) is an petition for a work based worker visa under the second inclination ("EB-2"), for the most part requires a particular, lasting employment offer and a relating affirmed work affirmation. As a result, not only does the potential beneficiary have to have a firm job offer, but they must rely on that particular employer to petition on their behalf. In addition, the labor certification process can be a very time consuming and costly undertaking for potential employers. Likewise, the work confirmation process can be an extremely tedious and exorbitant endeavor for potential businesses. This is one motivation behind why numerous businesses are reluctant to request of in the interest of recipients for this specific inclination class. However, under the “National Interest Waiver” (NIW) provision for EB-2, an individual may seek a waiver of the otherwise required offer of employment –and thus corresponding labor certification- by establishing that his/her admission to permanent residency would be in the so-called "national interest". As a result, this means that potential beneficiaries can petition on their own behalf. Nonetheless, in view of the increased evidentiary standard a candidate must meet, the NIW requires more than a general EB-2 appeal.
Eligibility for EB-2 National Interest Waiver
EB2 NIW candidates must give proof that it is in national enthusiasm to give them Permanent Residency in USA. As per point of reference in DHANASAR case, applicant must fulfill every one of the 3 criteria:
1. The foreign national's proposed endeavor has both considerable legitimacy and national significance. This legitimacy can be appeared through areas like business, science, innovation, wellbeing, culture, or instruction. There does not should be quantifiable proof of financial effect, however it might help your case.
One must remember that gathering this prerequisite does not make a sweeping endorsement for the field of endeavor and the US government should audit applications on a case by case premise.
2. He or she is very well positioned to propel the proposed attempt. This implies the AAO will take a gander at variables, for example, the outsider's instructive foundation, encounter, pertinent abilities, a record of comparative victories, current advance, and having an arrangement for progress.
Candidates won't be required to demonstrate that their undertaking will succeed, yet rather that they are prepared to influence it to succeed if the open door emerges.
3. On balance, it is valuable to the United States to postpone the job offer and labor certification requirements."On balance" just implies that the upsides of deferring the activity offer prerequisite exceed the benefits of not forgoing it.
EB-2 NIW Green Card Processing Time
The NIW green card preparing time is ordinarily between 3 to 9 months. However, this time incredibly relies upon the relegated USCIS Service Center and the mediating officer. Handling times differ as USCIS assesses every application and supporting proof on a case by case premise. It's best to counsel a NIW green card legal advisor who can give you a full breakdown of your case.
Documents needed for EB2 National Interest Waiver (NIW)
- Form I-140
- Form ETA-750B
- Proof supporting that the candidate has a propelled degree or excellent capacity
- Request of letter drafted by EB2 NIW legal counselor
- Letters of proposal
- Affidavits from pioneers in your field
- Confirmation of past accomplishments, notices or acknowledgment
- Documentation demonstrating that a labor
- certification would unfavorably influence the national interest.
- Verification of 2+ years of involvement in the zone
- A updated Resume
- Confirmation of participations, production references, meetings or different articles
EB-2 National Interest Waiver (NIW) Application Process
Work based visa petitions require both an occupation offer by a U.S. business and a Work Certification from U.S. Bureau of Labor (DOL) for the outsider laborer. Nonetheless, for EB2 National Interest Waiver request, neither a vocation offer nor a work affirmation is required. The National Interest Waiver appeal to might be recorded either by a supporting U.S. business or by the outsider candidate. For an outsider candidate to look for U.S. lasting residency in EB2 National Interest Waiver classification, the accompanying is the procedure -
1) The outsider candidate should file Form I-140 application, Petition for Alien Laborer, and furthermore submit expected confirmation to USCIS. (It is conceivable to document From I-485 application simultaneously with Form I-140 application)
2. Upon approval of Form I-140, the outsider recipient should file Form I-485 application for modification of status when the worker visa is "current"; a migrant visa number isn't generally accessible for EB2 National Interest Waiver appeal, and if the outsider recipient is in U.S. (Then again, if the outsider recipient is outside the United States, the outsider could finish the "Consular Processing" of status modification at a closest U.S. office.
3) If the From I-485 application is approved by USCIS, the outsider recipient is allowed U.S. perpetual occupant status, and will get a permanent occupant card (Green Card) in mail. (On the off chance that the outsider recipient experienced the foreigner visa process abroad, the outsider recipient can enter the U.S. what's more, gets a foreigner visa joined to the international ID at the U.S. port of passage, to fill in as proof of worker status until getting the Green Card in mail.)
The Consular processing is a technique that you can apply for an outsider visa at a U.S. department abroad after your Form I-140 appeal to is endorsed and you are not in U.S. In the event that the Form I-140 request of is approved and you are not in the United States, the USCIS will send the affirmed Form I-140 request of to the National Visa Center of Office of State. The National Visa Center will send you a notice of receipt. The National Visa Center will send you another notice demonstrating when you ought to present the settler visa preparing charges and supporting documentation.