What is a NIW Green Card?
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Green Card which is which is short for National Interest Waiver, is a special kind of immigration category based on employment that is part of the EB-2 visa. What makes the NIW unique is that applicants can waive the usual requirements of a job offer or labor certification if they can demonstrate that their admission to the United States would serve the national interest.
In simpler terms in simpler terms, the NIW permits qualified people to apply for green cards without the need for a specific company to sponsor them. This is a great opportunity for highly skilled professionals in fields like education as well as science and medicine in which they have the potential to help the U.S.
Does a NIW Green Card qualify for a person?
Not all people are eligible to receive an Green Card It is important to note that there are specific criteria an applicant must be able to meet. NIW is targeted towards those who have the following requirements:
If you are at an advanced degree (Masters or PhD),
Proven extraordinary ability in their area of expertise.
The work of a person has to be important to the national interest of the United States. These could include researchers who have produced revolutionary discoveries, entrepreneurs creating technology that can boost the economy, educators or teachers tackling major issues in the field of education.
The Benefits Of the NIW Green Card
It is a very popular route for skilled immigrants to apply for an green card with NIW.
There is no requirement to get an employment offer You do not have to be sponsored by a specific employer, unlike other green cards that are based on employment.
Self-Petting You can submit a self-petition on behalf of yourself for the Green Card, without relying on an U.S. firm.
More efficient processes. A NIW can, in certain circumstances is a speedy path to permanent residency. It is not a requirement for a work certification.
The Legal Basis of the National Interest Waiver
The NIW Green Card is rooted in the Immigration and Nationality Act (INA), which permits certain foreign nationals to skip the standard labor certification requirement if it can be demonstrated that their activities are in accordance with the national interest of the United States.
The Matters of Dhanasar, (2016) was a significant case which provided the legal basis for NIW. It changed the prior framework as well as providing specific guidelines on who is eligible for this type of waiver.
The main requirements of NIW Green Card Application
To be eligible to receive a NIW Green Card you must meet the following two requirements:
Advanced Education and Extraordinary capability : You either need to have a higher education or you must demonstrate exceptional talent in your area. This typically means proving that you are considered an expert by your peers and have notable achievements.
National InterestThe work proposed by the applicant must be of significant importance to the U.S.national interest. This means it benefits the U.S. economy, public health, environment or other areas of critical importance.
What is Considered in the “National Interest”?
The National Interest could take many forms, but generally it refers to areas where you would be able to benefit the U.S. from your contribution. Examples include:
Innovations in science and technology that aid public health or technology
Economic development is vital especially in the less developed sectors.
Education funding to address the crucial skills shortages
The 3-prong Test for NIW Qualifying
The Dhanasar Case defined the Three-Prong Test for determining the eligibility of a person for a NIW Green Card.
Important The proposed endeavor must have a significant benefit for the U.S.
The Qualifications of the Applicant. Your knowledge and skills must enable you to effectively advance the proposed work.
Benefits for the U.S. You must have a job offer which is so valuable that the U.S. will benefit.
How to Prepare A Strong NIW Petitition
It is crucial to plan properly before making a petition. Here are some steps that you must take:
Recording your skills: Gather proof of your expertise such as degrees, publications, research, and awards.
Recommendation letters should be written by experts in your field that can verify the validity of your work.
Personal Statement Personal statement: This is an opportunity for you to provide a clear explanation of your work and explain why it is within the National Interest.
Processing Time for the Green Card of the NIW Green Card
The processing times of a NWI Green Card may vary depending on several factors, such as the volume at the U.S. Citizenship and Immigration Services office that you submitted your application to. On average, it takes about 12-18 months for a decision on the I-140 application, and there is a possibility of delays in the event that your request requires additional evidence or clarification.
NIW vs. Green Card
The EB-2 green card is similar as the NIW. However the labor certificate requirement is the primary distinction. The standard EB-2 demands that employers sponsor and go through the PERM procedure. The NIW exempts you from this requirement that your work serves national interests.
The Petition to be filed to get a Green Card NIW
It is important to be sure to submit the I140 petition as the first part of the application for the NIW Green Card. Here’s a short guide to help you:
Fill in the form . Make sure you include all the documents that support your claim.
Submit proof. Include awards, publications and letters of recommendation.
Paying the fee The I-140 filing fee are required to be included with the application.
After Filing, What Can you Expect ?
After you’ve filed your NIW application, you’ll be sent a notice of receipt that confirms USCIS’s receipt. Next step is waiting for a response, also known as an Request for Evidence (RFE),. USCIS will request additional documentation, or clarify your case.
Common Challenges for the NIW Green Card Applications
The proof that your work will benefit the nation is one of the biggest challenges when applying for a NIW Green Card. RFE requests may also occur when the evidence isn’t solid enough to warrant the assertion. You should ensure that you have addressed each of the three parts of the three-pronged testing.
How To Respond To A Request For Evidence (RFE).
If you are notified of an RFE don’t panic. USCIS is simply asking for more information. Some of the most common reasons for an RFE include:
Your qualifications are not sufficient
Inconsistent explanations of the national interest component
Your response should be organized and include detailed documentation that addresses the issues addressed.
Conclusion The NIW Green Card and the Path to U.S. Residency
The NIW Green Card provides a unique pathway to permanent residence for skilled professionals whose work is beneficial to the United States. This is a highly sought-after since it permits you to self-petition, and doesn’t require a labor certificate. The process isn’t easy however if you meet the criteria and have prepared your petition carefully it could result in a positive outcome.
FAQs
What is the processing duration for a Green NIW Card?
It usually takes between 12 and 18 months, however, processing times can differ.
Am I eligible to submit an application for an NIW even if I do not have having a job offer
The NIW does allow applicants to apply even when there isn’t a job advertisement.
Which is better? NIW or an EB-2 Green Card for a worker who is migrant?
You are able to petition without needing an employer’s sponsorship.
Do I need to include my family members in submitting an NIW application?
You can include your spouse and your children who are not married but younger than 21 in your application.
What will happen when I am denied an NNIW?
If you’re denied, you have the option to appeal the decision, or apply again if the evidence is more convincing.