What Is Niw Visa?

Advanced degree/exceptional ability employees who apply for an EB-2 visa to immigrate to the United States are excluded from the labor certification process and the job offer requirement.

Is NIW a green card?

A national interest waiver is a method of obtaining lawful permanent residence (a green card) in the United States without the need for a sponsoring employer. It can be used if you are engaged in work that is beneficial to the United States economy, education system, health, or other aspects of society, as determined by the Department of Homeland Security.

What is EB-2 NIW visa?

An EB2-NIW visa is an immigrant visa that allows a foreign national to obtain legal permanent residency in the United States without the need for an offer of work. If the candidate can demonstrate that his or her permanent residency in the United States would be in the ″national interest″ and would benefit the country, the job offer condition is removed.

Can NIW be denied?

A refusal of your EB-2 NIW will result in the revocation of your Employment Authorization (EA). You will receive a letter from USCIS informing you of the reason for the rejection, your choices, and the fact that you have around 30 days to depart the country if you are denied. The EB-2 NIW petition without adjustment of status is an option for avoiding this danger altogether.

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Can you apply for NIW from outside US?

Unemployed foreign nationals who wish to petition for EB2 National interest waivers may do so themselves or they may be sponsored by an employer that wishes to petition on their behalf.

What is the benefit of NIW?

Comparing the national interest waiver to the usual labor certification path to a green card, the following benefits are available: It is not necessary to obtain a labor certification. Does not need the acceptance of a permanent employment offer in the United States. It is more expedient than the labor certification process.

How do you qualify for NIW?

Individuals seeking a national interest waiver must provide evidence of an advanced degree or exceptional ability, as well as meet three criteria that USCIS uses to determine whether it is in the national interest for USCIS to waive the requirement of a job offer and, therefore, the labor certification requirement.

How long does it take to get NIW green card?

Processing Times for EB-2 NIW For the Form I-140, the processing period might range from 10.5 to 26.5 months, depending on where the application is filed and how many people are involved.

Is NIW employment based?

Overview. In the United States, a National Interest Waiver (NIW) petition comes under the employment-based immigration, second preference (EB-2) category, which is also known as EB-2 NIW in some circles. In most cases, a permanent work offer and an authorized labor certification are required in order to file an employment-based, second preference immigration petition for a foreign national.

How many Citation do you need for NIW?

If you are not from China or India, you will virtually never file in the EB-1A category, and you should strive for at least 75 citations in your NIW case in order to be successful in your application.

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What happens after EB-2 NIW approval?

After your NIW case has been accepted and you or your attorney has received an approval notification from USCIS, the next step is to apply for and obtain your green card. It is now or later that you must file an application for adjustment of status if an immigrant visa number becomes available while you are not yet in the country.

Is premium processing available for NIW?

Premium processing should be available for EB-1C and NIW I-140 petitions before October 1, 2022, the start of the new government fiscal year; for I-539 applications requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status; and for I-765 applications for students applying for Optional Practical Training (OPT) before October 1, 2022.

Why would you be denied a green card?

For example, the United States government may deny an immigrant visa or green card if it believes you have committed an error (either on its or your part) in completing the necessary paperwork, if it believes you pose a security risk, if you are inadmissible for medical or criminal reasons, if it believes you are likely to become reliant on government assistance, and other reasons.

Can you stay in US after I-140 approval?

A petition (which is commonly filed on USCIS Form I-130 or I-140) filed on your behalf by a family member or employer is not sufficient to begin the immigration process on your behalf. A pending or accepted petition from a sponsor in the United States does not provide you any rights to enter or reside in the United States.

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