Navigating the complex US immigration system can be daunting, especially when pursuing unique visa paths like the EB-2 National Interest Waiver. This visa offers foreign professionals with advanced degrees or exceptional abilities a way to earn US permanent residency without employer sponsorship or a job offer.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
Understanding the EB2-National Interest Waiver Process
Getting approved for the EB-2 NIW requires meeting strict eligibility criteria and compiling a strong petition – that’s why working with an experienced immigration attorney is so valuable. They understand all nuances around demonstrating your work is in the “national interest of the United States” per immigration regulations.
This guide will outline the essential steps both foreign nationals and immigration lawyers follow to successfully obtain EB-2 National Interest Waiver approval. Preparing a winning petition takes time and meticulous detail, but the reward of earning a green card independent of an employer makes it worthwhile.
Step 1: Determine If You Satisfy Eligibility Requirements
The first step is confirming whether you meet the baseline EB-2 National Interest Waiver eligibility requirements below:
Educational Credentials
For education, you must possess either an advanced degree like a master’s, doctorate, or medical degree from a US university OR a foreign equivalent degree combined with a job offer for a position requiring an advanced US degree
Work Experience
In addition to your degree, you must have at least 5 years of progressive work experience in your field. Highlight relevant special skills, leadership, publications, licenses, awards etc. Positions held should relate to the special skills you intend to continue using in the US.
National Interest
This is the most complex yet most important criteria. You must demonstrate how your immigrating to the US is in the national interest.
This involves showing that your proposed work is of substantial intrinsic merit, meaning it has the potential for major significance and impact at a national level. Compare yourself to others in your field to show you possess skills and expertise exceeding peers.
You will also need to provide proof that your work is national in scope. Your contributions cannot be limited to just serving a local community’s interests or a narrow niche – there must be significant national importance.
Providing evidence and getting credible outside experts to validate your national level contributions is key. Our New York immigration lawyers can advise on documentation.
Step 2: Work With an Immigration Attorney on Your Petition
After initial eligibility is confirmed, the next step is compiling your National Interest Waiver petition. This lengthy form (I-140) combined with supporting evidence is how you convince immigration officials to grant you permanent US residency.
Working closely with an immigration lawyer on every petition detail is strongly advised during this process. Unlike other visa types, there are no set documentation requirements or definitive approval criteria.
USCIS immigration officers have significant case-by-case discretion in deciding if your proposed work meets ambiguous “national interest” standards. An attorney experienced specifically with EB-2 National Interest Waiver cases will know what evidence holds the most weight. They can provide guidance on issues like sontent for detailed recommendation letters, types of qualifying awards and memberships, as well as formatting third-party opinions.
Step 3: Draft Your I-140 Petition Contents
With legal help secured, you can focus on compiling the key components of your I-140 petition:
- Form I-140 – Main immigration application declaring your intention to gain US permanent residency through the National Interest Waiver. It establishes basics like your nationality, contact details, education history, training credentials etc.
- Personal Statement – Crucial write-up where you describe at length how your immigrating serves national interests. Explain your significant past contributions and future plans once working in America. Use clear examples and detail; this section often decides petition outcomes.
- Supporting Evidence – Having credible outside sources validate you is vital. Letters of recommendation from US employers in your field or former supervisors carry weight. Also submit press mentions, academic articles referencing your work, proof of patents, awards for professional excellence etc. These reinforce your significant expertise.
- Knowledgeable Opinions – Along with letters of recommendation, securing written statements from established third party professionals in your niche analyzing your contributions are incredibly persuasive. Their credibility adds major credibility. Be sure they clearly explain how your work is nationally important in America specifically.
Step 4: Formally File Your Petition with USCIS
After double checking every petition component is complete, you can formally file it all with USCIS for review. This is done by mailing printed copies with inked original signatures to the appropriate USCIS service center.
Digital or photocopied signatures are not permitted. USCIS only initiates evaluation once original documents are received. Delays happen if any item is missing or there are errors that require added paperwork correcting.
That’s why immigration lawyers meticulously review final petitions prior to mailing. Pay close attention to their filing instructions so nothing risks misplacement or denial of technicalities.
Once properly received by USCIS, your National Interest Waiver petition enters the lengthy adjudication queue. Now comes the difficult waiting period while a decision is made. But an attorney can provide status updates and is ready to address any Requests for Evidence that arise.
Step 5: Get Your National Interest Waiver Approved!
If you submitted a strong petition with abundant credible evidence validating your contributions are indeed in America’s national interest, eventually you will receive welcome approval notice!
This National Interest Waiver approval guarantees you will receive employment based permanent residency once your priority date is current. You can then apply to adjust your status from a temporary visa to full lawful permanent resident free to live and work long-term in the United States without requiring employer sponsorship.
The EB-2 National Interest Waiver truly is an exceptional US visa offering for accomplished foreign nationals able to demonstrate their benefit to the country. Just be sure to partner with an experienced immigration attorney so you navigate every petition requirement successfully.
FAQs
Obtaining permanent US residency through an EB-2 National Interest Waiver is complex. Below we answer some common questions foreign nationals have:
1. Do I need an employer to sponsor me for a National Interest Waiver green card?
No, a major benefit of the National Interest Waiver is it removes the need for employer sponsorship. You petition independently without a specific job offer. Approval is based on you showing national value.
2. What types of evidence help demonstrate my work is in America’s interest?
Letters validating your expertise from prior employers, recognition of accomplishments via awards and grants, citation of your research in academic journals, invitations to speak at national conferences and similar proofs of influence in your field all help establish national interest value.
3. Can I change jobs or employers once I receive National Interest Waiver approval?
Yes, the green card you eventually obtain after National Interest Waiver approval is portable across employers. You can change jobs freely since it’s no longer tied to a single sponsoring company.
4. How long does it take to get a National Interest Waiver approved?
Sadly USCIS does not provide exact National Interest Waiver processing times. In recent years, many applicants report 1-2 years from filing until final approval. But enlisting an immigration attorney familiar with USCIS officers reviewing cases can help speed up the process.
5. Can I include my family in my National Interest Waiver application?
Yes, once you receive approval and your priority date becomes current, your spouse and unmarried children under 21 years old can be included in your green card application. work with your immigration lawyer to file their immigration paperwork after your own approval comes through.
6. Is EB-2 NIW hard to get?
Your chances of success can vary. This is why it is recommended you consult an immigration attorney.
Choosing an Experienced Immigration Attorney
If you are an advanced degree professional or individual with exceptional ability seeking permanent residency in the U.S., the EB2 NIW may be the solution. Our experienced New York immigration lawyers at McBean Law can help determine if you qualify and guide you through the application process. Contact us today at 888)-462-4006 for a consultation to see if the EB2 National Interest Waiver is right for your situation and goals.
