National Interest Waiver EB2 Visa
If you are someone that is looking to get your US residence card “Green Card” without having to make a high investment or have a job offer then the EB2 NIW visa might be something to look into.
EB2 NIW applicants must prove that they will be able to meet the country’s requirements in terms of labor certification, education, and experience.
The national interest waiver program waives the job offer requirement for alien applicants who cannot find a suitable employer. The program also allows aliens to apply for green cards for themselves and their spouses or unmarried children under 21.
However, the standards for EB2 NIW approval are high, so it is important to consult with an experienced immigration lawyer to ensure that the application will be approved.
If you have the skills and expertise to help the United States, NIW may be the best option for you. The national interest waiver requires you to have an advanced degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field) or outstanding ability that qualifies him or her to apply for EB2 NIW.
National Interest Waiver Criteria
- Official scholastic record showing that you have a degree, recognition, testament, or comparative honor from a school, college, school, or other establishment of picking up connecting with your area of excellent capacity
- Letters from current or previous businesses recording something like 10 years of full-time insight in your occupation
- A permit to rehearse your calling or confirmation for your calling or occupation
- Proof that you have instructed a compensation or other compensation for administrations that exhibits your outstanding skill
- Participation in an expert association(s)
- Acknowledgment for your accomplishments and critical commitments to your industry or field by your friends, government elements, expert or business associations
- Other similar proof of qualification is likewise satisfactory.
Work Certification and Ability to Pay. Business based, second-inclination petitions should ordinarily be joined by a guaranteed Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, be that as it may, DOL accommodates a cover (Schedule A) confirmation in specific circumstances.
As a feature of the application interaction, your manager should have the option to show a capacity to pay the offered wage as of the need date and going on until you get legal extremely durable home status.
Your manager might utilize a yearly report, government personal expense form, or reviewed fiscal summary to show a proceeding with capacity to pay your compensation. At last, you might demand a waiver of this necessity in the public interest through the request documented with USCIS. Since the public interest waiver defers the bid for employment, you don’t have to show a business’ capacity to pay a compensation.
National Interest Waiver Application
In order to file for the national interest waiver you will need to fill the I-140 form, Immigrant Petition for Alien Workers
Alert from the uscis.gov website. On June 1, 2022, USCIS will begin to phase in premium processing upgrades for certain previously filed Form I-140 petitions requesting E13 classification for multinational executives and managers.
On July 1, 2022, USCIS will begin to phase in premium processing upgrades for certain previously filed Form I-140 petitions requesting E21 national interest waiver (NIW) classification and additional Form I-140 petitions requesting E13 multinational executive and manager classification.
Please see the Form I-140 information below regarding the upgrade schedule and when new petitions may be filed requesting premium processing.
National Interest Waiver Forms and Document Downloads
Form I-140, Go Here
Instructions for form I-140, Go here
National Interest Waiver General Requirements
Here are some of the national interest waiver requirements specified directly from the uscis.gov website.
A unique guaranteed Form ETA 9089, Application for Permanent Employment Certification (PDF), for petitions looking to characterize the recipient as a:
- Individual from the callings holding a postgraduate education or individual of extraordinary capacity in technical disciplines, expressions, or business;
- Proficient;
- Talented laborer; or
- Untalented (other) laborer;
A unique guaranteed Form ETA 750, Application for Alien Employment Certification, on the off chance that you are trying to group the recipient as an expert competitor with outstanding capacity; and Verification you can pay the recipient the offered wage from the need date until they become a long-lasting occupant on account of:
- E-12, Outstanding Professors and Researchers;
- E-13, Certain Multinational Executives and Managers;
- E-21, Members of the Professions Holding an Advanced Degree or Aliens of Exceptional Ability (with the exception of public interest waivers);
- E-32, Professionals;
- E-31, Skilled Workers; and
- EW-3, Unskilled (Other) Workers.
- Proof connected with qualifying experience or preparing ought to be as letter(s) from current or previous employer(s) or trainer(s) and ought to incorporate the name, address, and title of the essayist, and a particular depiction of the obligations the recipient performed or the preparation they received.Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, in any case, DOL accommodates a cover (Schedule A) certificate in specific circumstances. As a feature of the application cycle, your boss should have the option to show a capacity to pay the offered wage as of the need date and going on until you get legal extremely durable home status. Your manager might utilize a yearly report, government personal expense form, or examined budget summary to exhibit a proceeding with capacity to pay your compensation. At long last, you might demand a waiver of this prerequisite in the public interest through the request documented with USCIS. Since the public interest waiver forgoes the proposition for employment, you don’t have to exhibit a business’ capacity to pay a pay.
For more detailed information on the checklist of Required Initial Evidence for Form I-140 (for informational purposes only) go here.