What is a NIW Green Card?
What is a NIW Green Card?
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The Green Card is a distinct category of employment based immigration that is part of the EB-2. The NIW is distinct in that applicants can waive the requirement for a labor certification or job offer if they can show that their admission is within the national interest.
The NIW allows qualified individuals with no sponsor to submit an application to the USCIS for a greencard. This is particularly attractive to highly-skilled professionals who work in fields such as education, science, or technology.
Who Qualifies for an NIW Green Card?
There are certain standards to be fulfilled by applicants to receive an Green Card. NIW is mostly targeted at those with the following qualifications:
The degree (Master’s or Ph.D.) or
Proved exceptional skills in the area of expertise.
In addition to these qualifications, an individual’s work should be of great importance for the national interest in the United States. This could be scientists who have made breakthrough discoveries, entrepreneurs who have developed technologies that boost the economy, teachers or educators who are tackling significant issues in the field of education.
Green Card Benefits
There are numerous benefits to applying for a green card for skilled workers.
There is no requirement to get an employment offer It is not necessary to be sponsored by a particular employer, unlike other green cards based on work.
The Green card at your own pace is feasible.
A faster process. In certain situations, an NIW could lead to an easier path to permanent residency because it doesn’t need waiting for a labor certification.
The legal base is the legal basis National Interest waiver
The NIW Green Card derives from the Immigration and Nationality Act. This law allows certain foreigners to bypass the standard requirements for labor certification if they can prove that their work aligns the national interest of United States.
The Case of Dhanasar of 2016 was a landmark case which established the legal framework for NIW. This case revised the existing guidelines and clarified who would be eligible for this waiver.
Key Requirements for NIW Green Card Application
To be eligible to receive a NIW Green Card you must satisfy the following two conditions:
Advanced degrees or exceptional capability: Either you must possess a doctorate or have exceptional capabilities in your field. This is usually a sign that you are regarded as an authority among your peers and have notable achievements.
National interest: Work that is proposed by the applicant should be of significant importance to U.S. national interests. It is essential for the U.S. Economy, Public Health, Environment, or any other crucial area.
What is considered to be important to the nation’s interest?
The national interest is a broad concept that can be interpreted in a variety of ways, but it generally is a reference to the areas in the U.S. where your contributions would have a significant impact. Examples include:
Advances in science and technology that improve public health
Economic development is important especially in the less developed sectors
Contributions to education in order to address the critical skills shortages
The Three-Prong Test to determine NIW Eligibility
The Dhanasar decision outlined a tri-pronged test for determining whether a applicant is entitled to the NIWGreen Card:
Importance The proposed endeavor must be of substantial value for the U.S.
Qualifying the applicant The skills and experience must allow you to get into a position where your idea can grow.
Benefits for the U.S. You must be offered a job with such value that the U.S. will benefit.
How to Write a Strong NIW Petition
To
create a petition that is solid you need to be prepared meticulously. Here are a few important steps.
Documenting Qualifications : Gather evidence for your credentials, including degrees, research papers and distinctions.
Letters of Recommendation The letters must be from reputable experts in your field who are able to confirm your work.
Personal Statement This is your chance to clearly explain your work and explain why it is within the National Interest.
Processing time for the Green Card. Green Card
The duration of the process to obtain an the NIW Green Card depends on several variables, such as the number of cases at the U.S. Citizenship and Immigration Services office that you submitted your application to. A decision on an I-140 will typically be made within 12-18 months. The delay could be longer in the event that there are any additional rules or clarifications.
NIU and Green Cards EB-2
The EB-2 green card is a similar visa to the NIW. However the labor certificate requirements are the major difference. For the standard EB-2 you will need an employer to sponsor you and that employer must complete the PERM labor certification procedure. If you can show that your job is within the national interest and is in the national interest, then NIW will waive this requirement.
The filling out of the I-140 petition for a NIW green card
To get a NIW Green Card, you must first file the I-140.4 petition. Here is a guide to assist you:
Complete the form. You’ll need to fill out Form I-140 and then attach the supporting documents.
Submit proof include publications or degrees, awards, letters of recommendation.
Payment fees: You must include the I-140 filing charge when you submit your application.
What should you expect to do after filing
After filing your NIW petition with USCIS and USCIS, you’ll receive an notification of receipt confirming USCIS has received your application. Once you have filed your NIW application, USCIS will send you a receipt notice confirming that they received it.
Common Challenges for Green Card Applications
The most challenging part of NIW Green Card applications is proving your work aligns to the national interest. Requests for Evidence can also be a possibility if the evidence does not support the claim. It’s crucial to ensure that all the aspects of the three-prong test have been clearly addressed.
Response to an Evidence Request (RFE)
If you are notified of an RFE, don’t panic. USCIS is simply asking for more information. The most frequent reasons for an RFE include:
Lack of sufficient evidence for your qualifications
Inconsistent explanations of the national interest aspect
If you are asked to respond in a clear and detailed information that directly addresses all issues.
Conclusion : The NIW Green Card As a Pathway to U.S. Residency
The green card NIW is a unique pathway to permanent residence for highly-skilled professionals who provide great value to the United States. This is a highly sought after since it permits you to self-petition and does not require an official labor certification. Although the procedure can be complicated, completing the requirements and preparing your petition in a timely manner will result in a positive outcome.
FAQs
How long does it take for the NIW green card to be processed?
The processing time for the average is between 12 to 18 months. But, it can vary.
Do I have the right to apply for an NIW if I don’t have an employment offer
You can apply for NIW without having a job.
Why is an NIW card superior to an EB-2?
The primary benefit of self-petitioning is that it doesn’t require employer sponsorship.
Can I include family members in my Application for NIW?
Yes, you can add your spouse and your children who are under 21 years old.
What happens if my NIW request is rejected?
If you are denied, you are able to contest or reapply with stronger evidence.
