>. The legal framework to determine if your work is in the national interest has been recently modified. What exactly is a National Interest Waiver Green Card? EB1A. When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the job offer and labor certification requirements. The contact form sends information by non-encrypted email, which is not secure. EB2 green card applicants who qualify for the national interest waiver file their labor certification directly with USCIS. As part of these activities, the employer must go through a recruitment process where the employer must prove that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, to fill the position. National Interest Waiver Green Card is perhaps one of the most under used direct green card options. This accelerates the Green Card process and enables the applicant to obtain an Employment Authorization Card (EAD). The EB-2 NIW category waives the requirement of obtaining a certified labor certification from the DOL and does not require a permanent job offer from a U.S. employer for foreign nationals who would otherwise quality for EB-2 Green Card because that person’s employment in the U.S. would greatly benefit the nation. For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here. Unlike other employment based green cards where an employer's job offer is needed, such requirement can be waived if your credential or experience can benefit the United States. One of the few immigration attorneys in the USA who is also a. MENSA member and has an M.A. Recommendation letters are essential in petition for . As a general matter, there are 3 prongs that must be met to prove that the applicantâs proposed endeavor is in the National Interest (thus demonstrating that the requirement of a job offer, and labor certification should be waived): In addition to the 3-prong test, applicants must also meet the below mentioned criteria: Our office works closely with the applicant to evaluate their background and professional achievements to carefully craft and cultivate a strong National Interest Waiver application. Further complicating the application process is that the Texas and Nebraska Service Centers, which decide all NIW petitions, in practice have different approaches to adjudicating. There is a complicated list of criteria both in terms of education and work experience. (function() { The work permit takes approximately 7 months on average to be approved. We may also be able to identify specific areas of weakness, and provide recommendations based on your unique background. From our family to yours, Happy Labor Day! National Interest Waiver Green Card application (EB-2 NIW) has clear advantages for scholars, researchers, post doctoral research fellows, Ph.D. students, and other advanced degree professionals. Jacob Sapochnick is recognized as one of the most innovative, up and coming Immigration Lawyers in the nation. The NIW green card processing time is typically between 3 to 9 months. " -Greg Siskind, author, The Physician Immigration Handbook The Physician Immigration Handbook follows the typical American journey for the international medical graduate (IMG). While each NIW case is adjudicated on its individual merits, the burden of proof is always on the applicant or beneficiary to establish that exemption from labor certification will be in the national interest of the U.S. EB-1 Extraordinary Ability. Live and work in the U.S. indefinitely. If you are struggling with finding the best option for you, we would be happy to schedule a consultation with you. The chief advantage to the national interest waiver is that it allows the foreign national applicant to self-sponsor. They make it possible for the applicant to get a green card without needing a sponsor or an employer. The processing times for the green card application also vary greatly depending on the Field Office or Service Center involved in the processing of the application. Overview. National Interest Waiver is now easier for certain self-employed scientists to obtain green card. Could the EB-2 NIW be a fit for you? Each of these phases are explained in the next sections. Our Team Contact Us Blog Free Evaluation . National Interest Waiver (Standard) NIW (National Interest Waiver) is an option to get a green card for certain individuals who have "exceptional abilities" in the field of science, arts, business or any other profession. If the foreign national is submitting a petition as an Alien of Exceptional Ability, merely submitting evidence for the 3 of the 10 prongs is not sufficient to be deemed “exceptional.”, USCIS must consider all of the evidence in its totality to make “final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above what is ordinarily encountered.”. 
To verify the processing times for your local office we recommend referring to the USCIS case processing times webpage. required>