What is what is a NIW Green Card?

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The green card for NIW is short for National Interest Waiver. It is a kind of immigration category that is employment-based and falls under the EB-2 Visa. What is unique about the NIW unique is that applicants are able to waive the normal requirement for a job offer or labor certification if they can demonstrate that their entry into the United States would serve the national interest.

The NIW allows individuals with the required qualifications to apply without needing an sponsor. This can be especially attractive for professionals with high-level qualifications in fields like medicine, science, education and engineering in which their work is beneficial to the U.S.

Who can be eligible to receive a Green Card NIW?

Not all people are eligible to receive an NIW Green Card There are specific criteria an applicant must meet. The NIW is aimed at professionals with either:

The degree (Master’s or Ph.D.) or

Proved remarkable ability in their area of expertise.

The individual’s contribution must be important to the United States. It could be scientists working on innovative research, entrepreneurs who are developing techniques that boost the economy, or educators addressing significant challenges in the educational system.

Green Card Benefits

It is a very popular route for skilled immigrants to apply for an NIW green card.

No Job Offer Requirement. There is no requirement to need a sponsor specific to obtain a green card based upon your employment.

Self-petitioning The applicant can apply for a green card yourself without relying on an U.S. company.

Speedier processes. A NIW, in certain cases could be a fast path to permanent residency. There is no requirement for a work-related certification.

The Legal Basis for the National Interest Waiver

The NIW Green Card derives from the Immigration and Nationality Act. This law allows certain foreigners to skip normal labor certification requirements if they can prove that their work is in line with the national interest of United States.

The Dhanasar case (2016) is an important case which laid the legal basis for NIW. The case reformed the existing framework and gave more precise guidelines for who is qualified for this type of waiver.

Requirements for NIW Green Card Application

You must meet two main requirements to be able to get a NIW Green Card:

Advanced Education and

Extraordinary Ability : You need to have a higher education or demonstrate extraordinary ability in your field. This typically means that you’re considered an authority by your colleagues and are a notable performer.

National Interest The proposal must have substantial importance for the U.S. national interest. This is when the work benefits the U.S. public health, economy, environment or other important areas.

What is Considered in the “National Interest”?

The term “national interest” could be defined very broadly, and it is typically used to refer to areas where the U.S. will benefit from. Examples include:

Public health science advances and the advancement of technology

The development of the economy is crucial particularly in underdeveloped sectors

The education system that addresses the critical skill shortages

The Three Prong Test to determine if NIW is Adequate

The test of three prongs was used in the Dhanasar issue to determine if a person is eligible for a NIW green card:

Important The project must have a significant benefit for the U.S.

The qualifications of the applicant The applicant must be well-positioned to advance your work idea by virtue of your abilities and knowledge.

The U.S. must benefit by waiving the requirement for employment offers. This means that your work holds so much value to the U.S., it’s worth sacrificing the need for labor certification.

How can you create a strong NIW petition

A strong NIW can be the result of a thorough preparation. Here are some guidelines you must follow:

Documenting your qualifications Take evidence of your expertise, including degrees, published research, and distinctions.

Letters of Recommendation: These letters should be from reputable experts in your field who are able to vouchsafe your contributions.

Personal declaration This is where you are able to elaborate the reasons why your job is of national significance and if it is in line with the NIW standards.

Processing the Green Card. Green Card

The processing time for an the NIW Green Card can vary depending on a variety of variables, including the volume of cases at the U.S. Citizenship and Immigration Services is located in the city where you’re filing. The I-140 petition is usually processed within 12-18 months, but delays may occur if need to provide additional evidence or clarification.

NIW and Green Cards EB-2

The EB-2Green Card is a different employment visa that has a lot of similarities to NIW. However, the main distinction lies in labor documentation requirements. You must have an employer that will sponsor you and the employer must also complete the PERM labor certification process. The NIW will waive this requirement if you show that your work contributes to the nation’s interest.

The Petition to be filed for a Green Card NIW

The I-14 petition must be filed as the initial step to apply for an NIW Green Card. This is a brief outline of the procedure.

Fill out the form: You’ll need to fill out Form I-140 and ensure that all supporting documents are included.

Offer proof Include your academic degree and publications, awards and letter of recommendation.

Fee payment I-140 application fee: The I-140 fee for application must be paid with the application submission.

Following Filing – What Should You Expect

After you’ve submitted your NIW petition, you’ll be sent an receipt notice confirming the fact that USCIS has received your application. Then, you’ll need to wait for either an approval or a Requirement for Evidence (RFE). where USCIS might ask for more documentation or more information.

Common issues that NIW applicants face Green Card applicants

It is often difficult to prove that the work you do coincides with national interests in requesting an NIW Green Card. Requests for Evidence are also possible if the evidence is not in support of the assertion. The three-pronged method should be explained clearly.

How can I respond to a Request for Evidence

If you receive an RFE, do not panic. USCIS is simply asking for more information. Common reasons for an RFE could be:

There isn’t enough evidence to prove your qualifications

Inconsistent explanations of the national interest element

When responding, be sure to include detailed documentation that specifically addresses the question.

Conclusion – The NIW Green Card – A Pathway to U.S. Residency

The NIW Green Card is a unique pathway to permanent residence for skilled professionals whose work significantly benefits the United States. This is an attractive option as it allows self-petitioning and eliminates of the requirement for a work certification. The process isn’t easy and time-consuming, however, meeting the required criteria is essential to achieve a positive final result.

FAQs

How long does it take to process an NIW Green Card?

It generally takes between 12 to 18 months however, processing times can vary.

Can a person apply for NIWs if they don’t have a current work offer?

Yes you can, and the NIW allows you to apply for jobs without an offer.

What makes an NIW card superior to an EB-2?

The main advantage of self-petitioning is that it does not require sponsorship from an employer.

Family members can be added to my NWI Application?

Yes, you are able to include your spouse as well as an unmarried children under the age of 21.

If my NIW application was refused, what should I do?

You may appeal the decision or file a new request with more convincing proof.