Guide
A Guide to the EB-2 NIW
Immigration
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Key takeaways
- The EB-2 NIW (National Interest Waiver) allows individuals with exceptional abilities or an advanced degree to bypass the job offer and labor certification process, facilitating a smoother path to becoming a lawful permanent resident of the United States.
- To qualify, the applicant must meet specific criteria, such as holding an advanced degree or demonstrating exceptional ability. This involves providing thorough documentation like academic records, professional licenses, and letters of recommendation.
- The application journey includes several steps: preparing the I-140 petition, gathering supporting documentation to advance the proposed endeavor, and managing requests for evidence. The process aims to prove that the applicant's work is of national importance, thereby justifying the national interest waiver.
Who will benefit from this guide?
This guide is a useful resource for skilled professionals and advanced degree holders seeking to become permanent residents of the United States, as well as HR managers looking to hire top international talent without the need for labor certification.
Guide overview
The guide provides a thorough overview, starting with the preparation of the I-140 petition, which requires detailed personal, employment, and educational information. It also covers the compilation of supporting documents and evidence to demonstrate that the proposed endeavor has both substantial merit and national importance. Following the approval of the I-140, the guide outlines the steps for adjustment of status or consular processing, emphasizing the importance of monitoring the Visa Bulletin for priority dates to ensure timely progression in the visa process.
What’s included
- Step-by-step guide on preparing and submitting the I-140 petition.
- Strategies for demonstrating how the proposed endeavor has both substantial merit and national importance.
- Detailed FAQs about the EB-2 NIW, including eligibility, processing times, and the labor certification requirement.
FAQs
What is an EB-2 NIW?
An EB-2 NIW is an employment-based immigrant visa category that allows certain foreign nationals to waive the job offer and labor certification requirements if their work benefits the US nationally.
How to prove substantial merit and national importance for an EB-2 NIW application?
By providing evidence such as publications, citations, patents, and expert letters that highlight the national importance and merit of the work.
What are the processing times for an EB-2 NIW?
Processing times can vary, but applicants should regularly check the USCIS website and the Visa Bulletin for updates on their application status and priority dates.
