What is the criteria for National Interest Waiver? +
- The proposed endeavor has both substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification
What about my spouse and children? +
Your spouse and children will also be able to file as part of your NIW green card application process, which will give them the opportunity to receive their own green card.
How long is the processing time? +
The processing time for the NIW green cards usually varies from 3-9 months. This mostly depends on the service center and the adjudicating officer assigned by the United States Citizenship and Immigration Services (USCIS) to each petition. Therefore, processing time usually varies from case to case.
What does “substantial merit” mean? +
“Substantial merit” is used to represent endeavors that have made a positive impact in their expertise. The greater the impact the more likelihood of approval for your NIW.
What is the EB-2 National Interest Waiver? +
The EB-2 National Interest Waiver is a type of employment-based green card that allows foreign workers with advanced degrees or exceptional ability in the arts, sciences, or business to work in the United States permanently, without the need for a job offer or labor certification.
What are the eligibility requirements for the EB-2 National Interest Waiver? +
To be eligible for the EB-2 National Interest Waiver, an individual must have an advanced degree (master’s degree or higher) or demonstrate exceptional ability in the arts, sciences, or business. In addition, the individual must show that their work in the United States will be in the national interest of the United States.
Can I self-petition for an EB-2 National Interest Waiver? +
Yes, individuals may self-petition for an EB-2 National Interest Waiver. This means that they do not need to have an employer sponsor their green card application.
What is the process for applying for an EB-2 National Interest Waiver? +
To apply for an EB-2 National Interest Waiver, an individual must first file a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must be accompanied by documentation demonstrating the individual’s advanced degree or exceptional ability, as well as evidence of the national interest of their work in the United States. If the petition is approved, the individual may apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
What are the advantages of the EB-2 National Interest Waiver? +
The EB-2 National Interest Waiver offers several advantages over other employment-based green card categories. It allows individuals to self-petition and does not require a job offer or labor certification. It also has faster processing times than many other employment-based green card categories.
Can I bring my family with me if I get an EB-2 National Interest Waiver? +
Yes, if you are granted an EB-2 National Interest Waiver, you may be able to bring your spouse and children with you to the United States as dependents.
Can I change jobs if I have an EB-2 National Interest Waiver? +
Yes, individuals with an EB-2 National Interest Waiver are free to change jobs or work for multiple employers.
Can I travel outside the United States if I have an EB-2 National Interest Waiver? +
Yes, individuals with an EB-2 National Interest Waiver are generally allowed to travel outside the United States. However, it is important to keep in mind that traveling while your green card application is pending or after you have received a green card but before you have become a U.S. citizen can be risky, as it can affect your ability to return to the United States. It is always best to consult with an immigration attorney before traveling.
Can I apply for U.S. citizenship if I have an EB-2 National Interest Waiver? +
Yes, individuals with an EB-2 National Interest Waiver are eligible to apply for U.S. citizenship once they have held a green card for at least five years (or three years if they are married to a U.S. citizen).
