EB2 NIW Lawyer
Do you hold an advanced degree or are you a person of exceptional ability? Would granting you a Green Card be of national interest to the U.S.? If so, you may prove eligible for an EB2 National Interest Waiver, or EB2 NIW.
Many of those receiving EB2 NIW status are physicians, engineers, researchers, and technology professionals. Successful business people, artists, and athletes may also receive EB2 NIWs. Because EB2 NIW standards are so strict, there is relatively little backlog.
Once approved, the petitioner gains permanent U.S. resident status. Their spouse and unmarried children under age 21 can apply for admission to the U.S. as E-21 or E-22 immigrants. Learn more from an EB2 NIW immigration lawyer at Martinez Immigration Law.
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What is an EB2 National Interest Waiver?
Usually, applying for a visa leading to permanent residence status means going through a cumbersome labor certification process overseen by the Department of Labor. An EB2 NIW allows applicants to avoid that process.
Unlike most employment-based visas, an EB2 NIW does not require employer sponsorship or a specific offer of employment. Unlike other employment-based Green Card categories, the applicant does not have to go through the Program Electronic Review Management (PERM) labor certification process. This often time-consuming process shows there is a labor market shortage of U.S. workers for your occupation. Instead, you can file your own Form 1-140, Immigrant Petition for Alien Workers.
Factors the U.S. Citizenship and Immigration Services (USCIS) considers in granting an EB2 NIW waiver include whether:
- The proposed endeavor has substantial merit as well as national importance.
- The applicant is well-positioned to advance the proposed endeavor.
- Overall, it would be beneficial to the U.S. to waive the requirements of the job offer and the labor certification.
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EB2 National Interest Waiver Requirements
Only those holding an advanced degree or who have demonstrated exceptional ability in their field qualify for an EB2 NIW. An advanced degree is considered a master’s degree or Ph.D. Someone with a bachelor’s degree and more than five years of professional experience may also prove eligible.
Documentation must include an official academic record proving the earning of an advanced degree from an institute of higher education. Other types of documentation may include:
- Professional licensure or certification
- Letters from current or former employers documenting at least 10 years of full-time experience.
- Membership in professional associations in which achievement is a prerequisite for membership.
- Recognition by your peers for your achievements.
- Evidence of salary or other remuneration for services demonstrating exceptional ability.
What is the Standard EB2 National Interest Waiver Processing Time?
The standard EB2 NIW processing time ranges from 10.5 to 26.5 months. Much depends on where the applicant currently resides. In certain countries, the number of applicants outweighs the number of available visas.
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Contact an EB2 NIW Lawyer
If you are a foreign national who meets the EB2 NIW eligibility requirements, contact an immigration employment lawyer at Martinez Immigration Law today. Schedule a free consultation to discuss your qualifications. Obtaining an EB2 NIW is more difficult than an EB-2 visa. Hiring a skilled immigration attorney to represent you substantially increases the likelihood of EB2 NIW approval.
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