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NIW National Interest Waiver Lawyer

Serving clients across Chicago, Schaumburg, Naperville, Madison, and beyond, Francis Law Center brings families together, advocates for humanitarian relief, and helps professionals and businesses with complex immigration issues, including Family-Based Immigrations, Humanitarian & Citizenship, and Employment-Based Immigration.

NIW National Interest Waiver Lawyer
NIW National Interest Waiver Lawyer

Filing a Successful EB-2 National Interest Waiver (NIW) Petition

An EB-2 visa is an employment-based immigrant visa for individuals with advanced degrees or exceptional abilities. It is available for individuals who have a master’s degree or higher or who have exceptional ability in the arts, sciences, or business.

To be eligible for an EB-2 visa, an individual must possess a job offer from a U.S. employer and secure a permanent labor certification (PERMA) from the Department of Labor. This certification verifies that there are no U.S. workers with the necessary skills for the role and that hiring a foreign worker will not negatively impact American employees’ wages or working conditions.

The EB-2 visa is a steppingstone toward obtaining permanent residency in the United States.

But what if you have the qualifications for an EB-2 visa but don’t have a current job offer or labor certification?

The National Interest Waiver (NIW) is an option that may work for you!

What is the National Interest Waiver (NIW)?

The National Interest Waiver (NIW) offers a unique opportunity for individuals seeking a green card in the United States. This waiver allows individuals to bypass the traditional labor certification requirement by demonstrating that their work in the U.S. is in the national interest.

In other words, the NIW allows highly skilled foreign nationals to obtain a green card without having to go through the lengthy and often unpredictable process of obtaining a job offer from a U.S. employer and going through the labor certification process.

The NIW is a challenging option that requires a rigorous application process, providing evidence of exceptional ability and work that benefits the U.S. The applicant must also present evidence of professional achievements, such as publications, patents, or awards.

How to Qualify for an NIW Visa

Requirements to obtain an NIW visa are designed to ensure individuals who seek this visa

possess an advanced degree or can demonstrate exceptional abilities. There are three conditions set forth by the U.S. Citizenship and Immigration Services (USCIS) to determine, at their discretion, whether it’s in the United States’ best interest to waive the requirement of a job offer.

In making this determination, USCIS considers three factors:

  • the proposed endeavor’s merit and national significance;
  • the applicant’s ability to advance the endeavor; and
  • and whether waiving the job offer and labor certification requirement would be advantageous for the United States.

Let’s say there is a foreign national who has a Ph.D. in a STEM field has several publications in prestigious journals and has received several awards for their work. However, this person does not have a job offer from a U.S. employer and does not have resources to go through the labor certification process to obtain an EB-2 visa.

The NIW visa may be more suitable for individuals with exceptional abilities in their field. The eligibility criteria require individuals to demonstrate their work in the United States would greatly benefit the country’s national interest. As a result, the significance of the individual’s work to the nation’s well-being helps waive the requirement of a job offer or labor certification.

The NIW Visa Process

It’s been determined an NIW is in your best interest. You have everything together that proves you qualify for an NIW. Now, it’s time for the rest of the process.

The Petition

The Immigrant Petition for Alien Worker, also known as Form I-140, is the first step in obtaining a green card through the NIW visa. This form must be filed with USCIS and accompanied by a comprehensive cover letter outlining the individual’s case and eligibility for the NIW. The cover letter and supporting documentation provide evidence of the individual’s exceptional abilities or possession of an advanced degree and the impact their work would have on the national interest.

The Visa Application

After Form I-140 is approved, and a visa number is available, the individual must either adjust their status or undergo immigrant visa processing.

Adjust Status

An adjustment of status, or the transition from a nonimmigrant status to lawful permanent resident status, can be accomplished by filing Form I-485 with USCIS. To be considered for an adjustment of status, it is necessary for the individual to have a lawful presence in the United States and to hold a valid nonimmigrant status.

The adjustment of status process occurs within the United States. It can be completed by concurrently filing Form I-140 and Form I-485 if the priority date is current at the time of filing.

Immigrant Visa

For those not currently in a lawful nonimmigrant status within the United States, obtaining a green card requires undergoing immigrant visa processing. This process starts with the electronic filing of Form DS-260 with the Department of State, followed by a visa interview at a consulate abroad.

Upon successful completion of the interview, the individual should receive their immigrant visa within a few days. Upon entering the U.S. with an immigrant visa, the individual becomes a lawful U.S. permanent resident.

Wait and Processing Times

The processing time for Form I-140 varies based on USCIS service centers and can range from many months to over a year or more. The adjustment of status processing time is usually faster than immigrant visa processing and can take several months, a year, or more.

Understanding processing times for both Form I-140 and the adjustment of status are subject to change. In addition, various factors, such as the backlog of applications and the workload of the USCIS, can impact them.

Common Challenges in Obtaining an NIW Visa

The process of obtaining an NIW Visa can be complex and full of legal and procedural challenges. Without the guidance of a seasoned immigration attorney, navigating these challenges can be overwhelming.

To be eligible for an NIW, individuals must demonstrate their exceptional abilities or possession of an advanced degree and the significance of their proposed work to the national interest of the U.S. This requires extensive documentation and a deep understanding of the legal and policy considerations.

Additionally, USCIS must assess that the individual’s work would greatly benefit the national interest and that they are capable of continuing to contribute to the national interest in the future.

Navigating the NIW Visa Process with Francis Law Center

At Francis Law Center, we understand the importance of securing an NIW visa for individuals with exceptional abilities or an advanced degree looking for a brighter future in the United States. Whether you are a doctor, scientist, professor, or profession that would be in the nation’s best interest, our knowledgeable immigration attorneys are dedicated to providing unwavering support and guidance every step.

Our experienced immigration attorneys are dedicated to providing personalized service and have a proven track record of success. Schedule a consultation to assess eligibility, answer questions, and understand the process. We work with clients nationwide and globally. Rely on us for comprehensive support to achieve your goals for an employment-based immigration visa and start a new life in the U.S. Contact us today!

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