What is a NIW Green Card?

What is a NIW Green Card?

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The NIW Green Card, which is short for National Interest Waiver, is a special type of employment-based category that is part of the EB-2 visa. NIW applicants can bypass the standard requirements of a job or labor certification in the event that their entry into the United States is in the national interests.

The NIW allows individuals with the necessary qualifications to apply without needing a sponsor. This can appeal to highly skilled professionals working in areas such as education or science, as well as medicine where they are able to benefit the U.S.

Who Qualifies for an NIW Green Card?

There are criteria for obtaining an green card for the NIW. NIW is designed for professionals who have:

An advanced degree (Master’s or PhD) or

Proved outstanding capabilities in the area of expertise.

The contribution of each individual must be significant for the United States. Scientists who conduct innovative research could be considered as entrepreneurs who create technology to help boost the economy or educators who are tackling significant challenges in the educational system.

The Advantages of the Green Card from the Green Card

The application process for a Green Card for the NIW has several advantages, which makes it a good option for a lot of skilled migrants:

Job offer is not required. In contrast to green cards that are based on employment it is not necessary to have an employer to sponsor you.

Self-petitioning You are able to apply on behalf of yourself to get the Green Card, without relying on a U.S. firm.

Speedier Process In some cases an NIW can provide a quicker path towards permanent residence, as there is no requirement to await labor certification.

The Legal Basis for the National Interest Derogation

The NIW Green Card stems from the Immigration and Nationality Act. It permits certain foreigners who can show that their work is in line with national interests to be exempted from the labor certification requirement.

The case of Dhanasar of 2016 was a landmark decision which established the legal framework for NIW. This case revised the

previous framework and clarified who could be eligible for this waiver.

Requirements for NIW Green Card Application

You must meet two main conditions to be eligible for the NIW Green Card:

Advanced Diploma or Extraordinary Abilities You have to either hold an advanced diploma in your field, or demonstrate extraordinary abilities. This typically means that you need to demonstrate that your peers regard your expertise and have a significant record of accomplishments.

Interest national The work submitted by the applicant has to be of considerable value to U.S. National interest. This is when the work benefits the U.S. public health, economy, environment or other areas of importance.

What are the criteria for determining what is important to the nation’s interest?

The National Interest could take many forms, but generally it is a term used to describe areas in which you can help the U.S. from your contribution. Examples include:

Scientific advances in public health and technology

Economic development is important, particularly in the underdeveloped sectors.

The education system that addresses the crucial skill shortages

The Three Prong Test to determine if NIW is Adequate

The Dhanasar decision set out a tri-pronged test to determine whether the applicant is eligible to the NIWGreen Card:

Importance Of the Proposed Endeavor You must demonstrate that your work is worthy and of great significance for the U.S.

The applicant’s qualifications. Your knowledge and expertise must permit you to successfully progress the proposed task.

Benefits for the U.S. You must have a job offer which is so valuable that the U.S. will benefit.

What is the best way to prepare a powerful NIW petition

A strong NIW petition requires careful preparation. Here are some key steps:

Documenting the credentials. Gather proof of qualifications such as awards, degrees, publications and other proof of expertise.

Letters recommending These letters should be received experts who know your work and can attest to your contribution.

Personal Statement Personal Statement: This is your chance to explain clearly why your work serves the interests of the nation, and how you meet the NIW requirements.

Processing Times for the NIW Green Card

The processing time for the NIW Green Card will vary depending on a variety of variables. It is based on the caseload in the U.S. Citizenship and Immigration Services, or USCIS, is the office which you make your application. In general the I-140 application can take between 12 to 18 months before an official decision is taken. But, delays may occur if more evidence or clarification is needed.

Green Card vs. EB-2 green card

The EB-2 NIW is a different employment-based Visa that shares many similarities to the NIW. The primary difference is in the labor certification that is required. To qualify for the standard EB-2 you need to be sponsored by an employer. The latter must complete PERM certification. If you can demonstrate that your work benefits the national interest, the NIW could waive this requirement.

The Petition to be filed to get the Green Card NIW

In order to apply for a NIW Green Card you need to file an I140 Petition. Here is a short outline of the procedure:

Complete. Complete Form I 140 and make sure you have all the necessary documents.

Send your proof. Include any degrees, publications, and awards.

Fee to pay You must submit the I-140 filing fee along with your application.

After Filing: What To Expect

Once you’ve submitted your NIW application, you will be sent an notice of receipt confirming USCIS’s receipt. Once you’ve submitted your NIW application, USCIS will send you a strong>receipt notice/strong> confirming that they received it.

Common issues with NIW applications

The most challenging part of NIW Green Card applications is the proof that your work is aligned with the national interests. RFE requests may also occur if the evidence isn’t strong enough to support the assertion. All three aspects of the test must be considered.

How To Respond To A Request for Evidence (RFE).

Don’t be concerned if you get a RFE. USCIS is just looking for additional information. Common motives for an RFE could be:

Insufficient evidence to support your qualifications

There is no explanation in writing for the national interest component

If you respond, make sure to include detailed documentation that addresses the questions directly.

Conclusion: The NIW Green Card As a Pathway To U.S. Residency

The National Interest Waiver Green Card permits skilled professionals to gain permanent residence if their job benefits the United States. It’s an extremely desirable option due to the fact that it permits self-petitioning and does away with the requirement to obtain a labor certificate. While the procedure might seem complex, preparing your application carefully and adhering to the criteria can result in the success you want.

FAQs

How fast do I receive a NIW Green Card processed?

Processing times vary from 12-18 months.

How can I apply for the NIW if I don’t yet have a job?

Yes, the NIW allows you to apply for a job without having to accept a contract.

What makes an NIW card superior to an EB-2?

The main advantage of self-petitioning is that it does not require employer sponsorship.

Do I need to add my family members in submitting an NIW request?

Yes, you spouse and unmarried children under 21 can be included in your application.

What happens when my NIW application is rejected?

You can appeal the denial or submit a new application with more convincing evidence.