What is what is a NIW Green Card?
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The NIW Green Card is which is short for National Interest Waiver is a unique type of employment-based immigration category under the EB-2 visa. The NIW is unique in that applicants are able to skip the requirement for a labor certificate or job offer if they demonstrate that their application will be in the national interest.
The NIW is an initiative that permits individuals who meet certain qualifications to apply for a Green Card, without the requirement of an employer sponsoring them. This could be attractive to professionals with a high level of expertise, particularly those working in science technology, education, and engineering.
What is the green Card for NIWs?
Not everyone is eligible to receive an NIW Green Card There are specific criteria an applicant must satisfy. NIW aims to attract professionals with either the following:
If you have a advanced degree (Masters or PhD),
Proven remarkable ability in their area of expertise.
The individual’s contribution should be important to the United States. Scientists working on cutting-edge research are eligible as entrepreneurs who develop technologies to boost the economy or who tackle major challenges in the educational system.
Green Card Benefits
There are many benefits of applying for an green card for workers with a skilled background.
No requirement for a job In contrast to other green cards that are based on employment it doesn’t require any specific employer to be a sponsor.
Self-petitioning You are able to apply for a green card on your own, without having to depend on the assistance of a U.S. firm.
Speedier process in certain cases the use of an NIW can lead to an earlier path to permanent residency, as there’s no requirement for labor approval.
The Legal Basis of the National Interest Waiver
The NIW Green Card’s roots originate in the Immigration and Nationality Act. This law allows certain non-US citizens to skip labor certification when it is established that the work they do aligns with US national interest.
The case of Dhanasar 2016 is one of the cases that has had an impact major on NIW. In this instance the framework was updated and it was clear about the criteria for obtaining NIW.
Key Requirements for NIW Green Card Application
To be eligible to be eligible for an NIW Green Card there are two essential prerequisites.
Advanced Diploma or exceptional abilities You have to either hold an advanced degree in your field or show remarkable abilities. This usually means that you are recognized as an expert by your peers and have impressive accomplishments.
National InterestThe work proposed by the applicant must be of significant importance for the U.S.national interest. It is crucial for the U.S. Economy, Public Health and Environment, or other vital areas.
What is Considered in the „National Interest”?
The National Interest could take many shapes, but generally it is a term used to describe areas in which you can benefit the U.S. from your contribution. Examples include:
Public health science advances and the advancement of technology
Economic development, especially in areas that are not developed
Contributions to education in order to address critical skills shortages
Three-prong Test to Determine NIW Eligibility
The Matter of Dhanasar case outlined three-prong test three-prong test to determine if the applicant is qualified for the NIW Green Card:
Important The project should be of significant value for the U.S.
Applicant Qualifications You should be able to progress your proposal of work based on the abilities and experience you’ve gained.
Benefits for the U.S. You must have a job offer with such value that the U.S. will benefit.
How do you prepare a powerful NIW petition
To create a petition that is strong you need to be prepared carefully. Here are some important steps:
Documenting your qualifications: Gather evidence to support your expertise.
Recommendation letters should be written by professionals in your field that can attest to the quality of your work.
Personal statement : This is the chance to clearly explain your work and explain why it is within the National Interest.
Processing Time
of the NNIW Green Card
The processing time for an NWI Green Card will vary depending on a variety of factors. It is based on the caseload in the U.S. Citizenship and Immigration Services, or USCIS, is the office you submit your application to. It takes an average of between 12-18 months to decide on the I-140 petition. There is a chance that the I-140 may be delayed if additional details or clarifications are needed.
green card of NIW in comparison to.
The EB-2 Visa is a work-based visa, similar to the NIW. The major difference is in the labour certification condition. You need an employer who will sponsor you, and the employer must also go through the PERM labor certification process. If you can show that your work is of national importance and is in the national interest, then NIW will not require this.
Filing the I-140 Petition for an NIW Green Card
The I-14 petition is required to be submitted as the first step to submit an application for the NIW Green Card. Here’s a brief guide:
Fill in the form . Make sure you include all the documents that support your claim.
Submit proof. Include awards, publications as well as letters of recommendation.
Payment fees Paying fees: Include the I-140 filing fee when you submit your application.
After Filing, What can you expect ?
Once you’ve submitted your NIW application, you will receive a notice of receipt confirming USCIS’s receipt. The next step is to wait for a response, also known as an Request for Evidence (RFE),. USCIS will ask you for additional documents or explain the circumstances of your application.
Common Issues in NIW Green Card Applications
It can be difficult to prove that the work you do coincides with national interests when applying for a NIW Green Card. Requests for evidence can also be a possibility if the evidence doesn’t support the assertion. The three-pronged method must be outlined clearly.
What to do when you get a Request for Evidence
If you get an RFE, don’t panic. USCIS only needs to know more. RFEs are typically issued in the following circumstances:
You do not have enough proof to show your qualifications
In a clear and concise manner, describing the national interest an easy way
If you’re asked to respond, please provide clear and detailed information that addresses directly all the issues.
Conclusion: The NIW Green Card as a Pathway to U.S. Residency
The NIW Green Card provides a unique pathway to permanent residency for highly skilled professionals whose work greatly benefits the United States. It’s an extremely desirable alternative because it allows for self-petitioning without the need to obtain a labor certificate. While the process can be complicated, completing the requirements and carefully preparing your petition could result in a favorable result.
FAQs
What is the time it will take to complete an NIW Green Card?
It usually takes between 12 and 18 months to process, however processing times can vary.
Can I submit an application for an NIW if I don’t have an employment offer
Yes, NIW will allow you to submit your application for consideration without an official job offer.
Which is better? NIW or EB-2 Green Card for a migrant worker?
The primary advantage is the fact that you can self-petition without requiring sponsorship from your employer.
Can I include family members into my NIW application?
Yes, you can include your spouse and children who are younger than 21 years old.
Why was my NIW refused?
If your application is denied You can appeal the decision. You can also reapply and present more evidence.