What is an NIW Green Card?
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The NIW (National Interest Waiver) Green Card or National Interest Visa is a class of employment-based immigration that falls in the EB-2. NIW Green Cards are different because they permit applicants to waive their usual requirements for a job offer and labor certificate when it is proven that admission to the United States serves the national interest.
The NIW permits those with the required qualifications to apply for the program without having the support of a sponsor. This is a great option for highly qualified professionals, especially those working in science technology, education and science.
Who can be eligible for the Green Card NIW?
There are requirements for getting an green card for the NIW. In general, the NIW is aimed at professionals with either:
The degree (Master’s or Ph.D.) or
Proved outstanding capabilities of their area of expertise.
The individual’s contribution must be significant to the United States. Researchers who conduct cutting-edge research, entrepreneurs who create technology that could boost the US economy or educators who tackle important issues in the education system are all eligible.
The Benefits Of NIW Green Card
There are many benefits of applying for the green card for skilled workers.
No requirement for a job In contrast to other employment-based green cards, you don’t need any specific employer to sponsor you.
Petitioning on Your Own . You don’t need to depend on an U.S.-based company.
Faster process in certain cases, an NIW could result in an earlier path to permanent residence, since there’s no need to wait for labor certification.
The Legal Basis for the National Interest Waiver
The NIW Green Card’s origins are in the Immigration and Nationality Act. This law allows some non-US citizens to skip labor certification when it is demonstrated that their work is in line with the national interest of the US.
The case of Dhanasar in 2016 was a significant case that established the legal framework for NIW. The decision reformed the prior guidelines and clarified who would qualify for this waiver.
Important Requirements for Applying for an NIW Green Card
To be eligible for a NIW Green Card you must fulfill the following requirements:
Advanced Degree or Exceptional Ability: You must either possess an advanced level degree or demonstrate extraordinary ability in your subject. This means that you must be able to show that you’re an expert in your field within your community, and that you have made significant achievements.
National interest the work that is that is proposed by the applicant should be of significant importance to U.S. national interests. It could benefit the U.S. environment, economy health, or public security.
What is the «National Interest» is it considered?
The national-interest can be defined in a variety of ways, but refers generally to areas where the U.S. could benefit significantly from your contribution. Examples include:
The latest scientific advances contribute to public technology or health
The development of the economy is crucial particularly in underdeveloped sectors.
Education funding to address the important skills shortages
Three-Prong Test to Find NIW Eligibility
The Dhanasar decision outlined an three-pronged test to determine whether a applicant is entitled to the NIWGreen Card:
The importance of the Proposed Endeavor: Your project must be of significant significance and merit to the U.S.
Applicant Qualifications You must be able to improve your work proposal based on the skills and experiences you have.
Benefits for the U.S. Your work must be so valuable that it merits the certification of labor.
How Do I Create a Strong Petition
It is essential to prepare properly prior to the submission of an application. Here are the essential steps to take:
Documenting your qualifications: Gather evidence of your expertise, including degrees, published research, and distinctions.
Letters of Recommendation The letters must be from reputable experts in your field, who can confirm your work.
Personal statement : This is the chance for you to provide a clear explanation of your work and explain why it is within the National Interest.
Processing Times for the Green Card of the NIW Green Card
The processing time for the NWI Green Card will vary depending on many factors. This includes the number of cases at the U.S. Citizenship and Immigration Services (USCIS) office where you file. In general, the I-140 application can take between 12 to 18 months before an official decision is taken. But, delays could occur if more evidence or clarification is required.
NIW Green Card vs. the EB-2 Green Card
The Eb-2 Green Card is an additional visa based on employment which has a lot in common with the NIW however the main distinction is in the labor certification requirement
. Standard EB-2 visas require a sponsoring employer. This employer must complete PERM labor certification. The NIW does not have to comply with this requirement if they can prove your work benefits the nation’s interest.
Filling out the I-140 Petition for an NIW Green Card
The I-14 petition must be filed as the initial step to be eligible for a NIW Green Card. Here is a guide to aid you in:
Fill in the form. You’ll have to fill in Form I-140 and then attach the supporting documentation.
Give evidence Include your degree and publications, awards and a letter of recommendation.
Fee to pay You must submit the I-140 fee for filing along with your application.
After Filing: What’s Next?
When you submit your NIW, you’ll get the confirmation notification which confirms that USCIS has received your application. Once you’ve submitted your NIW application, USCIS will send you a receipt notification/strong> acknowledging that they received the petition.
Common Challenges in Green Card Applications
The NIW Green Card is a complex application. One of the main problems is proving the connection between your activities as well as the interests of the nation. If the evidence to back your claim isn’t enough, you may receive RFE requests . The three-pronged method must be outlined clearly.
What to do when you get a Request for Evidence
Don’t be concerned if USCIS contacts you with a Request for Information. The RFE simply means that USCIS requires more information. RFEs are often issued in the following circumstances:
Your qualifications are not enough
Inconsistent explanations of the national interest element
In your response, make sure to include detailed and well-organized documentation that specifically addresses the issues raised.
Conclusion – The NIW Green Card and the Path to U.S. Residency
The National Interest Waiver Green Card lets professionals who are skilled to get permanent residency if their work benefits the United States. This is a highly sought after since it permits you to self-petition, and doesn’t require an official labor certification. Although the procedure may be complicated, making your request carefully and meeting the required requirements could lead to successful results.
FAQs
How long does it take to process a NIW green card to be processed?
The typical processing time is between 12 and 18 months. However, this can differ.
How do I submit an application for the NIW even though I do not have a position?
Yes, you can apply to the NIW even when you don’t have an employment.
What is the primary difference between an EB-2 and NIW Green Card?
The main benefit is that you can self-petition without requiring sponsorship from your employer.
Can my family members be included in my application for the NIW?
Yes, you are able to include your spouse, or an unmarried child under 21.
What do I determine if my NIW application is denied?
If denied you can either appeal the decision or apply again if the evidence is stronger.
