FAQS
Get Clear Answers to Your EB2-NIW Questions in Our Detailed FAQ Section
What is the EB-2 National Interest Waiver (NIW)?
The EB-2 NIW is a category within the Employment-Based Second Preference (EB-2) visa classification that allows qualified individuals to apply for a green card (permanent residency) without the need for a job offer from a U.S. employer or labor certification.
Who is eligible for an EB-2 NIW?
To qualify for an EB-2 NIW, applicants must demonstrate either an advanced degree or exceptional ability in their field, as well as prove that their work is in the national interest of the United States.
Do I need a job offer from a U.S. employer for the EB-2 NIW?
No, one of the key advantages of the EB-2 NIW is that it waives the requirement for a job offer from a U.S. employer. Applicants are not tied to a specific job or employer and have the flexibility to pursue their professional interests independently.
What is the process for applying for an EB-2 NIW?
The application process involves filing Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). Applicants must submit evidence demonstrating their qualifications and the national interest of their work.
What kind of evidence is required for an EB-2 NIW petition?
Applicants must provide comprehensive documentation to support their EB-2 NIW petition, including academic credentials, publications, awards, patents, letters of recommendation, and other evidence of exceptional ability and contributions to the national interest.
How long does it take to process an EB-2 NIW petition?
Processing times for EB-2 NIW petitions can vary depending on factors such as USCIS workload and the complexity of the case. Generally, NIW petitions are processed faster than traditional EB-2 petitions due to the waiver of the labor certification requirement.
Can I include my family members in my EB-2 NIW petition?
Yes, eligible applicants can include their spouse and unmarried children under the age of 21 in their EB-2 NIW petition as derivative beneficiaries. Once the primary applicant’s green card is approved, eligible family members can also obtain permanent residency.
Can I apply for an EB-2 NIW while in the United States on a nonimmigrant visa?
Yes, eligible individuals can apply for an EB-2 NIW while in the United States on a valid nonimmigrant visa status. However, it’s essential to maintain lawful status throughout the application process to avoid any complications.
What are the benefits of obtaining an EB-2 NIW?
Benefits of the EB-2 NIW include expedited processing, flexibility in employment, eligibility for permanent residency without a job offer, and the opportunity to contribute to the national interest of the United States.
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