What is what is a NIW Green Card?
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The Green Card, which is short for National Interest Waiver is a unique kind of immigration category based on employment that is part of the EB-2 visa. NIW Green Cards are distinctive because they permit applicants to waive their usual requirements for an offer of employment and labor certificate if they can prove that the admission to United States serves the national interest.
The NIW is a simpler way of saying it lets qualified applicants submit a green-card application without the requirement for employers to support the application. This could appeal to highly skilled professionals working in areas such as education, science, and medicine, where they can to contribute to the U.S.
Who is eligible to receive an Green Card NIW?
There are certain requirements you must be able to meet to become eligible to be eligible for the green NIW CARD. NIW aims to attract professionals with the following qualifications:
The degree (Master’s or Ph.D.) or
Proven extraordinary abilities in their area of knowledge.
In addition to these qualifications the work of an individual should be vital to the nation’s interest in the United States. This is the case for scientists who conduct groundbreaking research, entrepreneurs creating innovative technologies to help boost economic growth, and educators who are working to solve the major challenges faced by the education system.
Green Card Benefits
There are many benefits of applying for an green card for workers with a skilled background.
There is no requirement for employment In contrast to other employment-based green cards, you don’t need any specific employer to sponsor you.
Application for the Green card by yourself is possible.
Speedier processes. An NIW, in certain cases, can be a quick way to obtain permanent residency. There is no need for a work certification.
The
Legal Basis of the National Interest Waiver
The NIW Green Card derives from the Immigration and Nationality Act. This act permits certain foreigners to bypass the standard requirements for labor certification if they prove that their work is in line with the national interests of United States.
A major case that established the legal foundation for NIW is the Matter of Dhanasar (2016), which revised the previous framework and provided clearer guidance about who can be eligible for this type of waiver.
Requirements for NIW Green Card Application
To qualify to be eligible for to be eligible for a NIW Green Card there are two primary conditions.
Advanced Diploma or exceptional abilities You have to either hold an advanced diploma in your field or demonstrate exceptional capability. This means that you
must to prove that you are an expert in your field within your community, and that you have achieved significant accomplishments.
National interest: Work that is proposed by the applicant should have a substantial value for U.S. national interests. This means that the work is beneficial to the U.S. public health, economy, environment or other crucial areas.
What is the “National Interest” taken into account?
The national interest can be defined in a variety of ways however it usually refers to areas in which the U.S. would see significant advantages from your contribution. Examples include:
Science advances that enhance the public’s health or technology
Economic development is important especially in the less developed sectors
Education contributions to address important skills shortages
Three-prong Test to determine NIW eligibility
The test of three prongs was used in the Dhanasar issue to determine if a person is qualified for a green NIW card:
The importance of the Proposed Endeavor: Your work must have substantial significance and merit to the U.S.
The qualifications for applicants. You must have the skills and experience to be able to advance your project successfully.
Benefits for the U.S.: The U.S. must benefit from waiving the job offer requirement which means your work is beneficial that it outweighs the need to obtain a labor certificate.
How to Write an NIW Petition that is Strong
Preparation is key to success in submitting an NIW petition. Here are a few important steps.
Documenting qualifications Collect evidence to support your expertise.
Letters of Recommendation The letters must be written by experts in your field who are able to verify your contribution.
Personal statement Personal statement: This is your opportunity to clarify why your work is in the national interest and why you are able to meet the NIW criteria.
Time to process the Green Card. Green Card
The processing time of a NWI Green Card may vary depending on a number of factors, such as the amount of people who apply at the U.S. Citizenship and Immigration Services (USCIS) office in which you file. The I-140 petition is typically decided within 12-18 months however delays are possible if you need to provide additional evidence or clarification.
NIW in comparison to. Green Card
The EB-2 green card is similar as the NIW. However the labor certificate requirements are the major difference. The standard EB-2 requires an employer to sponsor and go through the PERM procedure. If you can prove that your work will benefit the national interest, then the NIW could waive this requirement.
The filing of an I-140 Petition to get a NIW Green Card
It is essential to be sure to submit the I140 petition as the initial part of your application for an NIW Green Card. Here’s a quick guide:
Completing the Form Complete the Form I-14 and ensure that all documents supporting it have been included.
Send your proof. Include your degree, awards, or publications.
Pay the fee The I-140 filing fee must be included with the application.
Following Filing: What To Expect
After submitting your NIW petition with USCIS and USCIS, you’ll be sent an notification of receipt which confirms that USCIS has received your application. Then, you’ll need to wait either for an approval or for an Requirement for Evidence (RFE). where USCIS might ask for more documents or more information.
Common issues that NIW applicants face Green Card applicants
A NIW Green Card is a complex application. One of the primary issues is proving that there is an alignment between your activities as well as the interests of the nation. Requests for evidence are also a possibility in the event that the evidence is not in support of the claim. It is important to make sure that you’ve 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, do not panic. The RFE simply means that USCIS requires more information. The most frequent reasons for an RFE are:
Your credentials aren’t sufficient
The national interest component is not defined clearly
Your response should be organized and contain detailed information that directly addresses issues addressed.
Conclusion: The NIW Green Card is a Pathway to U.S. Residency
The Green Card for NIW is an innovative way to obtain permanent residency in the United States for professionals who have significant benefits through their work. It’s a great alternative because it permits self petitioning and does away from the need for a formal work permit. Although the procedure may seem complex, preparing your request carefully and meeting the requirements can lead to successful results.
FAQs
What is the time it will take to take to process an NIW Green Card?
Processing times vary from 12 to 18 months.
Does a person have to apply for NIWs if they do not already have a job offer?
You can apply for NIW without having a job.
Why is an NIW card better than an EB-2?
The major benefit of self-petitioning is the fact that it doesn’t require sponsorship from an employer.
Am I allowed to include my family on the application for NIW?
Your spouse and children who are under the age of 21 who are not married may be included on your application.
If my NIW request has been denied, what happens?
If your application is denied You can contest the decision. If you wish to reapply, and provide stronger evidence.