If you are a foreign national who possesses exceptional skills and abilities in the field of science, arts, business, and/or certain professions, you may be eligible to apply for a green card through self-petition without a job offer from a U.S. company or a company acting as your sponsor. One option available is the National Interest Waiver (NIW), under the EB-2 immigrant category. Please continue reading to learn who is eligible for an NIW and why connecting with a knowledgeable Middlesex County, New Jersey Green Card Lawyer is in your best interest.
What is a National Interest Waiver?
Generally, the process of obtaining an employer-sponsored green card in the U.S. is incredibly long and difficult. In most cases, U.S. companies are required to demonstrate they made a good-faith effort to find qualified U.S. workers. This process is known as PERM labor certification, which involves advertising the job through a rigorous series of steps. Additionally, an EB-2 category green card requires an employer to offer a permanent full-time job. As you can see, this process can be complex. Therefore, many employers are unwilling to sponsor foreign workers for a green card.
Nevertheless, with the National Interest Waiver (NIW), the United States Citizenship and Immigration Services (USCIS) determines that a foreign national’s work is so important to our country that there is no reason to give a U.S. worker first priority. Essentially, USCIS will waive the requirements for employer sponsorships and labor certification. Through the NIW, qualified individuals can apply for a green card through self-petition.
There are several benefits to obtaining this waiver. As mentioned above, you don’t need to find a job or have an employer sponsor your application. This will offer you more flexibility if you want to change employment in the future without jeopardizing your immigration status. The traditional employer-sponsored green card application process can be extremely long, taking several months. However, the NIW will allow you to file your immigration petition directly as you don’t have to undergo the PERM labor certification process, saving you a tremendous amount of time, money, and effort.
How Can I Apply?
To be eligible for an NIW, you must qualify for the EB-2 immigrant category, by having either an advanced degree or exceptional ability in a specific field, as well as satisfying a set of criteria related to your area of expertise. After you have determined your eligibility, you must file Form I-140 petition for alien workers with a detailed cover letter, evidence of your qualifications, and evidence of the substantial merit and national importance of your proposed endeavor. Once your Form I-140 is approved and a visa number is available, you can either do an adjustment of status or immigrant visa processing. It generally takes three to nine months for USCIS to approve or deny your application.
If you have any questions regarding the EB-2 NIW, please don’t hesitate to contact a trusted lawyer from the Law Offices of Aditya Surti, LLC, who can help you prepare your application. Connect with our firm today to learn more about how we can assist you.
