How to Apply for an EB-2 NIW Visa
by Admin
Posted on 11-10-2023 12:41 PM
Adjustment of status: 6 to 8 months
immigrant visa processing: 5 to 7 months
important points
in order to adjust status or to apply for your immigrant visa, a visa number must be available. Currently, for the eb-2 and eb-3 visa categories, visa numbers are current and available for all countries except china, india, and the philippines. To check whether a visa number is available, you can check the visa bulletin here.
If you are eligible to adjust status, and a visa number is available for you, you may concurrently file your immigrant petition with your adjustment of status application. This can save a considerable amount of processing time, as you will not have to wait for the immigrant petition to be approved before filing the adjustment of status application.
If the applicant is already in the united states on a different visa, they must adjust their status to the eb-2 using form i-485. Applicants will then be told to go to a uscis application support center for security processing, which generally requires fingerprinting and taking your picture. Some applicants may be required to attend an interview. The final decision will be mailed to the applicant once it is available. Check out this eb-1 niw faq guide.
A national interest waiver (niw) petition falls in the employment-based, second preference (eb-2) immigration category. For most eb-2 applications, petitioners need a permanent job offer and an approved labor certification. However, in niw these requirements could be waived for the sake of the “national interest of the united states,” thus allowing an applicant to apply for this status without a labor certification or a job offer from a u. S. Employer. In order to be qualify for an niw petition, a beneficiary or applicant must have an “advanced degree” or “exceptional ability” in the sciences, arts, or business. The beneficiary must also persuasively demonstrate that his or her proposed endeavor has both substantial merit and national importance; that he or she is well-positioned to advance this endeavor; and that it would therefore be beneficial to the united states to waive the standard requirements of a job offer and labor certification.
What is an EB-2 NIW visa?
Under specific conditions, an exemption from the labor certification mandate can be sought through what is known as a national interest waiver (niw). To be eligible for this waiver, the foreign national must demonstrate that bypassing the labor certification would serve the united states' best interests. This waiver is typically granted to individuals possessing exceptional abilities, and whose work would substantially benefit the u.
S. If the waiver is approved, the foreign national is relieved from the need for employer sponsorship and labor certification. In such cases, they are eligible to submit form i-140 directly to uscis. To learn more about the possibility of obtaining a green card through the eb-2 visa contact one of our experienced us immigration lawyers to arrange a confidential consultation.
Individuals applying for an eb-2 visa are required to have a permanent job offer and corresponding labor certification, or a national interest waiver (niw). An niw is a waiver of the employment offer in the case that an individual can prove their permanent residency is in the national interest of the u. S. As defined by the immigration act of 1990, the term national interest implies standards that are “significantly above that necessary to prove prospective national benefit. ”there is no set formula for proving that an individual’s permanent residence is worthy of an niw. The uscis has left this decision to be as flexible as possible.
National interest waiver green cards(niws) have a few huge advantages over traditional eb2 visa applications. One advantage is that self sponsorship is an option. In other words, the employer does not have to pay for the eb2 visa process or complete an application on behalf of the foreign national. This opens the door for self employed entrepreneurs and employees who do not have employers who are willing to shoulder the cost and effort that the process requires. The other advantage is that recruitment is not required for those who qualify for the niw. While the perks of the niw are enticing, the requirements can be difficult to meet.
EB-2 NIW Processing Times
The eb-2 green card processing time varies significantly with the final action and priority dates associated with each green card preference level. The uscis maintains a list of all of its form processing times for the most recent fiscal year according to which version of the i-140 is required for your green card category. The processing time for the perm (if applicable) varies depending on whether or not your employer is audited. While targeted audits can be avoided by retaining an eb-2 green card lawyer to make sure the recruitment process is done correctly, the audits that the dol performs randomly are unpredictable, unavoidable, and can drastically extend your green card processing time.
Yes, the eb-2 niw (national interest waiver) is a category within the u. S. Green card application process. If your i-140 niw petition is approved, it means you have met the eligibility requirements for the eb-2 visa category. However, you will still need to complete the subsequent step, such as filing an adjustment of status application (form i-485) or immigrant visa processing, to obtain your green card.
The niw green card processing time is typically between 3 to 9 months. Though, this time greatly depends on the assigned uscis service center and the adjudicating officer. Processing times vary as uscis evaluates each application and supporting evidence on a case-by-case basis.
In conclusion, eb-2 applicants can obtain permanent residence (a green card) in the u. S. Through a national interest waiver. Niws are granted to foreign professionals in business, medicine, the sciences and arts, technology, and athletics, whose work or research benefits the united states. To qualify for an niw, applicants must satisfy the following overarching requirements: qualify under the eb-2 visa category possess an advanced degree, or foreign equivalent have exceptional ability in their field of expertise have a proposed endeavor which is of “substantial merit and national importance” be “well-positioned” to execute his or her proposed endeavor have ability that is of such national importance, that it benefit the u.
After obtaining a perm, the employer must then file form i-140 (petition for alien worker) with uscis for you. This must be done within 180 days of receiving the perm certification. The employer must also provide a range of evidence with the form, which may include (but not be limited to) the following: proof that the applicant is qualified for the job being applied for proof that the employer has obtained a labor certification and will be able to pay the appropriate wage as advertised proof that the applicant has entered the us lawfully, if they’ve already done so proof of applicant’s exceptional ability or appropriate advanced degree and other suitability according to the eb2 visa eligibility requirements.