Employment Based Immigration
EB-2 National Interest Waiver Petitions: A Pathway for Professionals to U.S. Green Card
EB-1 Petitions
Link to: Green Card for Families
Link to: Employment Based Green Card
Green Card for Families
Employment Based Green Card
Understanding the EB-2 National Interest Waiver (NIW) Petition
The EB-2 National Interest Waiver Petition is a specialized category under the Employment-Based Second Preference (EB-2) visa. This category is designed for professionals with an advanced degree or equivalent qualifications, including those with exceptional abilities in sciences, arts, or business. A key feature of the EB-2 NIW is that it allows these professionals to self-petition, bypassing the need for a job offer or Permanent Labor Certification.
Demonstrating Exceptional Ability for EB-2 NIW
Criteria for Establishing Exceptional Ability
To qualify under the exceptional ability criterion, applicants must meet at least three of the following six requirements:
- Official academic records substantiating your degree relevant to your area of exceptional ability.
- Documentation of at least 10 years of full-time experience in your field.
- Professional licenses or certifications.
- Evidence of a salary or remuneration that reflects your exceptional ability.
- Membership in professional associations.
- Peer recognition or significant contributions to your field.
- Alternate comparable evidence may also be considered.
Employment Based Immigration
Categories and Requirements for Employment-Based Immigration
Overview of Employment-Based Visa Categories
Employment-based immigration includes various categories like EB-1, EB-2 and EB-3 through PERM, EB-4 for Religious Workers, and EB-5 for Investors. The National Interest Waiver (NIW) is a significant aspect of the EB-2 category.
Specific Requirements for EB-2 NIW Petitioners
Petitioners seeking an EB-2 NIW must fulfill these conditions:
- Propose an endeavor with substantial merit and national importance.
- Demonstrate they are well-positioned to advance this endeavor.
- Show that waiving the job offer and labor certification requirements benefits the United States.
The Green Card Application Process for EB-2 NIW Beneficiaries
Beneficiaries with an approved EB-2 NIW can seek lawful permanent residency. If a visa is available and the individual is in the U.S. with valid non-immigrant status, they can apply for a green card (Form I-485) concurrently with their petition. This is known as concurrent filing. Alternatively, if the beneficiary is outside the U.S., they undergo Consular Processing through form DS-260. The beneficiary’s spouse and children may also be eligible to immigrate as lawful permanent residents.
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