What exactly is the NIW Green Card?
What exactly is the NIW Green Card?
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The NIW – Green Card is a special category of employment based immigration that falls under the EB-2. The thing that is unique about the NIW special is that the applicants are allowed to skip the standard requirement for an offer of employment or labor certification if they can demonstrate that their admission to the United States would serve the national interest.
The NIW permits those with the necessary qualifications to apply for the program without having a sponsor. This can
appeal to highly skilled professionals working in fields like education or science, as well as medicine where they are able to contribute to the U.S.
Who is eligible to receive an NIW Green Card?
There are requirements for getting an green card for the NIW. NIW is designed for professionals with either
If you have a advanced level (Masters or Ph.D.),
Proven extraordinary ability in their area of expertise.
Beyond these requirements the work of the individual must also be of a significant importance to the national interests of the United States. This includes scientists conducting innovative research, entrepreneurs who develop new technology to spur economic growth, and educators working to address significant challenges faced by the education system.
The Benefits of the Green Card of the NIW Green Card
It is a very popular route for skilled immigrants to apply for a NIW green card.
No requirement for an offer of employment You do not have to be sponsored by an employer, unlike green cards based on work.
Self-petitioning You can apply on behalf of yourself to get the Green Card, without relying on a U.S. firm.
Speedier procedure. In certain situations, an NIW can lead to a more rapid path to permanent resident status, since it doesn’t require waiting for a labor certification.
The Legal Basis of the National Interest Waiver
The NIW Green Card has its roots in the Immigration and Nationality Act that allows foreign nationals who can prove that their work is aligned to the national interests of the United States to bypass the requirement for a standard labor certification.
A significant case that set the legal basis for NIW is the Case of Dhanasar (2016), which reformed the prior framework and provided clearer guidance regarding who is eligible for this type of waiver.
Requirements for NIW Green Card Application
To be eligible for an NIW Green Card you must meet the following two requirements:
High-Quality Education or Outstanding ability. You need to have either a higher degree or have exceptional abilities. This typically means proving that you are considered an expert among your peers and have notable accomplishments.
National interest The applicant’s work must have a significant impact on U.S. National interest. This could be beneficial to the U.S. environment, economy, health or public security.
What is considered to be in the national interest?
The national interest can be defined in a variety of ways however it usually refers to areas in which the U.S. would see significant benefits from your contributions. Examples include:
Scientific advances in public health and the advancement of technology
Economic development, in particular in regions that are not developed
Contributions to education that address essential skill shortages
The Three Prong Test to determine if NIW is Adequate
The Dhanasar Case outlined a Three-Prong Test for determining whether a person is eligible to receive a NIW Green Card.
Importance The project must be of substantial value to the U.S.
The applicant must be qualified Skills and experience must allow you to get into a position that your idea can grow.
Benefits to the U.S. You must have a job offer with such value that the U.S. will benefit.
How to Create a Strong NIW Petition
It is essential to prepare well before the submission of an application. Here are some steps that you must follow:
Documenting the qualifications. Find evidence such as degrees, awards, publications as well as other proof of competence.
Letters of Recommendation The letters you receive should be written by experts in your field, who can verify your contribution.
Personal Statement : This is the chance to clearly explain your work and explain why it is within the national interest.
Processing the NIW Green Card
The processing time of a NWI Green Card may vary depending on several factors, such as the volume at the U.S. Citizenship and Immigration Services office in which you filed. The I-140 petition is usually decided in 12-18 months however delays can occur if you require further evidence or clarification.
Green Card against. green card EB-2
The EB-2 green card is similar as the NIW. However the labor certification requirements are the major distinction. You need an employer who will sponsor you, and the employer must also complete the PERM labor certification process. If you are able to prove that your job is of national importance that is, then NIW can waive this requirement.
The filing of an I-140 Petition to be granted an NIW Green Card
Filling out the I-140 application is the most important step to apply to get an NIW Green Card. This is a quick outline of the procedure.
Filling out the Form Complete the Form I-14 and make sure that all supporting documents have been included.
Submit your evidence include your degrees and awards, publications and recommendation letters.
Fee payment : The I-140 application fee has to be paid along with the submission.
After Filing, what can you Expect ?
When you submit your NIW after which you’ll receive the confirmation notice confirming USCIS accepts your application. Following this, you’ll need to either wait for approval or to submit a Request for Evidence (RFE), in which USCIS could request clarification or other evidence.
Common Challenges in Green Card Applications
One of the biggest challenges during the process of submitting an NIW Green Card application is the proof that your work aligns with national interests. RFE Requests are also issued if evidence is not strong enough to back up the assertion. Each of the three elements of the test must be addressed.
Response to an Evidence Request (RFE)
Don’t be concerned if you get a RFE. USCIS is just looking for additional information. The most common motives for an RFE are:
You don’t have sufficient proof to show your qualifications
The component of national interest isn’t explained clearly
Your response should be well-organized and contain detailed information that addresses the issues that have been raised.
Conclusion – The NIW Green Card – A Pathway to U.S. Residency
The Green Card for the NIW is a unique way to get permanent residency within the United States for professionals who benefit significantly through their work. It’s an extremely desirable alternative because it allows for self-petitioning and does away with the requirement to obtain a labor certificate. The process isn’t easy however, ensuring that you meet the requirements is key to a successful outcome.
FAQs
When will I get my NIWGreen Card?
It typically takes 12 to 18 months to complete the process, however the processing times can differ.
Do I have the option to apply for a NIW even if I do not have an employment opportunity?
You are able to apply for NIW without a job.
What’s the biggest distinction between an EB-2 Green Card and NIW Green Card?
The most important benefit is the fact that you can self-petition without needing employer sponsorship.
My family members can be included in my application for NIW?
You can include your spouse, as well as your children who are not married but older than 21 on your application.
What happens if my NIW request is denied?
If you’re denied, you are able to appeal or reapply using stronger evidence.