What is an NIW Green Card?
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The NIW (National Interest Waiver) Green Card or National Interest Visa is a type of employment based immigration under the EB-2. NIW applicants are able to avoid the standard requirements of an employment or labor certificate in the event that their entry into the United States is in the national interest.
The NIW lets those who meet the required qualifications to apply without needing the support of a sponsor. This could be especially appealing for professionals with high-level expertise in fields such as education, science, technology or medicine, in which their work is a huge benefit to the U.S.
Does an NIW Green Card is a requirement for someone?
There are criteria for obtaining an NIW green card. NIW is aimed primarily at professionals who have either:
You can earn a higher degree by the completion of a master’s or doctoral program.
Proved superior skills to their area of expertise.
Beyond these qualifications, the individual’s work must be significant to the national interests of the United States. This is the case for scientists who conduct innovative research, entrepreneurs who develop innovative technologies to help boost economic growth, and educators trying to tackle the significant issues faced by the education system.
The Benefits of NIW Green Card
There are many benefits to applying for an NIW Green Card, making it a favorable path for skilled immigrants.
There is no requirement to have an employment. Unlike some other green cards that are dependent on employment, you do not require an employer to sponsor you.
Self petitioning You can make your green card application by yourself, not having to rely on a US-based company.
Speedier Process In certain situations, a NIW could provide
a quicker path to permanent residency, as there is no need to await labor certification.
The Legal Basis for the National Interest Waiver
The NIW Green Card has its origins in the Immigration and Nationality Act that allows foreign nationals who can prove that their work aligns with the national interests of the United States to bypass the requirement for a standard labor certification.
A significant case that set the legal framework for NIW is the Matter of Dhanasar (2016), which revised the previous framework and clarified about who can be eligible for this type of waiver.
Requirements for NIW Green Card Application
To be eligible to receive a NIW Green Card you must satisfy the following two conditions:
Advanced Diploma or exceptional abilities You must either have an advanced diploma in your field or demonstrate remarkable capability. This usually means that you’re considered an authority among your peers and are a notable performer.
National InterestThe work proposed by the applicant should be of a significant value to the U.S.national interest. It is important to the U.S. Economy, Public Health and Environment, or other vital areas.
What does the “National Interest” considered?
The national interest can be understood very broadly, and it is usually used to describe areas that the U.S. will benefit from. Examples include:
The latest scientific advances contribute to public technology or health
Economic Development, especially in the less developed sectors
The education system that addresses the crucial skill shortages
Three-Prong Test to Find NIW Eligibility
The Dhanasar decision laid out an tri-pronged test for determining if the applicant is eligible to the NIWGreen Card:
Importance of the Proposed Endeavor : Your work should be important and beneficial to the U.S.
Applicant Qualifications You must be able to progress your proposal of work based on the abilities and experience you’ve got.
Benefits for the U.S. You must have a job offer which is so valuable that the U.S. will benefit.
How to Create an NIW Petition that is Strong
It is essential to prepare well prior to making a petition. Here are some important steps:
Documenting your qualifications: Gather proof of your skills such as degrees, publications, research, and awards.
Letters of recommendation The letters of recommendation should be directly from an expert in your area who is able to attest to your contribution.
Personal Statement Personal Statement: This is your chance to explain precisely how your work is in the interests of the nation, and also how you can meet NIW requirements.
Processing time for the Green Card. Green Card
The duration of the process to get an NWI Green Card depends on several factors including the number of applications at the U.S. Citizenship and Immigration Services (USCIS) office where you submit your application. In general the I-140 application can take between 12 to 18 months before the decision is made. But, delays could be encountered if additional proof or explanation is required.
NIW vs. Green Card
The EB-2 green card is a corresponding visa to the NIW. However, the labor certificate requirements are the major distinction. For the standard EB-2 Green Card, you must have an employer to sponsor you and the employer must go through the PERM labor certification procedure. If you can demonstrate that your work benefits the nation’s interest, the NIW could waive this requirement.
Filling out the I-140 Petition for an NIW Green Card
To apply for a NIW Green Card you need to file an I140 Petition. This is a short outline of the procedure.
Fill out the form. You will need to fill in Form I-140 and then attach the supporting documents.
Give evidence Include your degree, publications, awards, and letter of recommendation.
Fee payment I-140 application fee: The I-140 fee for application must be paid in conjunction with the application submission.
Following Filing – What to Expect
You’ll receive a receipt notice once you’ve completed your NIW request. This is confirmation that USCIS accepted your application. Then, you’ll need to wait for either approval or for a Requirement for Evidence (RFE). where USCIS may ask for additional documentation or more information.
Common issues that NIW applicants face Green Card applicants
One of the most common issues during an NIW Green Card application is showing that your work is in line with national interests. RFE Requests may also be granted if the evidence isn’t strong enough to back up the claim. It is important to ensure that you have addressed the three elements of the three-pronged test.
How To Respond To A Request for Evidence (RFE).
If you get an RFE, don’t panic. USCIS just needs more information. RFEs are often issued for the following reasons:
There isn’t enough evidence to back your qualifications
In a clear and concise manner, describing the national interest a clear manner
If you are asked to reply in a precise and complete information that addresses directly all issues.
Conclusion: The NIW Green Card As a Pathway To U.S. Residency
The NIW green card is a unique pathway to permanent residence for highly skilled professionals who provide significant benefit to the United States. The Green Card is highly sought after because it allows you to self-petition and does not require an official labor certification. Although the process can be complicated, following the guidelines and preparing your petition properly can help you achieve the desired outcome.
FAQs
What is the processing time for a NWI-Green Card?
The processing time can vary between 12-18 months.
How do I submit an application for the NIW even though I don’t have a job?
The NIW does allow you to apply even if there is no job offer.
Why is an NIW card better than an EB-2?
The main advantage of self-petitioning is that it does not require employer sponsorship.
Family members are able to be included on my NWI Application?
Yes, you can include your spouse, or an unmarried children under the age of 21.
What do I be sure that my NIW request is refused?
If your application is denied You can contest the decision. If you wish to reapply, and provide stronger evidence.
