EB2 NIW Visa From Pakistan, Process, Requirements, FAQ, Guide

The EB2 NIW (National Interest Waiver ) is a category of employment-based immigration visa in the United States. It is designed for foreign nationals who possess exceptional abilities in their respective fields and can demonstrate that their work is of national interest to the United States.

Individuals whose work or research is deemed of national interest to the United States may be eligible for a National Interest Waiver (NIW) when applying for an Employment-Based Immigration EB-2 green card. By obtaining an EB-2 NIW, the petitioner secures legal permanent residency in the U.S.

What is a National Interest Waiver (NIW)?

Obtaining an employer-sponsored green card for the United States can be a lengthy and challenging process. Typically, the U.S. company must prove they tried hiring a local worker.

However, You have options to apply for a green card through self-petition, meaning you can do it without a U.S. job offer or a company sponsoring you. One such option is the National Interest Waiver (NIW), available in the EB-2 immigrant category.

The NIW allows individuals with skills in science, arts, business, and other professions to self-petition for a green card. Crucially, it waives the usual requirements of a full-time job offer and a U.S. employer sponsor. This makes the NIW a more accessible pathway for those seeking a green card without employer sponsorship.

Guidelines for Successful EB2 NIW Application

In the realm of the National Interest Waiver (NIW), there’s no specific list of required documents in the relevant statutes. This means that decisions by USCIS officers are made case by case. However, USCIS offers some guiding principles that can be helpful.

For instance, officers consider various factors to determine if the applicant is “well-positioned” to execute their plan, including:

• Education level
• Skills
• Official record of success in the applicant’s field
• Applicable knowledge
• A well-drawn plan outlining the path forward
• Records indicating progress toward the applicant’s goal
• Demonstrable interest from stakeholders, users, customers, or other involved parties

To assess whether bypassing the PERM certification requirement would benefit the United States, officers consider factors such as:

• The feasibility of the applicant obtaining a job offer or labor certification based on their skillset
• The overall benefit of the applicant’s work to the United States, regardless of its impact on U.S. workers in a similar field
• The urgency of the applicant’s skill set for the United States

Here are examples illustrating how applicants might use these factors to build a case:

• Entrepreneurs could argue that securing a certification or job offer is impractical for a business owner.
• Applicants may argue that their work is crucial for the greater social good, irrespective of whether U.S. citizens are already working on similar projects.
• Scientists may contend that their work is urgently needed to save lives or prevent illness.

This approach helps applicants present a compelling case for the NIW by aligning their unique circumstances with the guiding principles set forth by USCIS.

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Application Process for EB2 NIW Visa

Step 1: Consult with an Immigrant Consultant

The initial step in the National Interest Waiver (NIW) process is consulting with an experienced immigration Consultant. This is essential for several reasons:

• An immigration lawyer can assess your credentials and provide insights into the likelihood of your case’s approval.
• They can evaluate your background and immigration history, exploring potential alternative green card options.
• Given the complexity of NIW applications, an immigration lawyer will assist in developing a strategic approach to meet each requirement effectively.

“Immigration Experts” is a well-established consultancy firm in Pakistan, that offers expertise in the immigration process.

Step 2: File Form I-140 with USCIS

Form I-140, the “Immigrant Petition for Alien Worker” is the primary document filed with the United States Citizenship and Immigration Services (USCIS) to initiate the EB2 NIW green card application. This form is important in the application process. With the National Interest Waiver (NIW), applicants have a unique advantage. They can independently file this petition without requiring a job offer. Additionally, there’s no need to obtain a permanent labor (PERM) certification beforehand. All supporting documentation will be submitted alongside Form I-140.

Step 3: Either Adjustment of Status or Visa Processing

Upon approval of Form I-140 and visa number availability, the next step involves either Adjustment of Status or Visa Processing. Here’s a breakdown:

Adjustment of Status:

• This process involves transitioning from a non-immigrant status to a lawful permanent resident status.
• To undergo adjustment of status, you must be lawfully present in the United States with a valid non-immigrant status.
• File Form I-485 with USCIS for the adjustment of status.
• The entire process occurs within the United States, eliminating the need to leave the country.
• If the priority date is current during Form I-140 filing, concurrent filing of Form I-485 for adjustment of status is possible.

Eligibility Requirements for EB 2 NIW Visa

Here are the requirements to consider, when aiming to obtain an EB-2 NIW National Interest Waiver.

1. National Interest Waiver NIW

2. Advanced Degree or Exceptional Ability

1. Requirements for NIW

Getting EB-2 National Interest Waiver (NIW) – Here are what requirements you need to fulfill:

a. Meet EB2 Immigrant Category:

The EB2 National Interest Waiver (NIW) is an exclusive provision within the EB2 immigrant category. It introduces additional criteria beyond the standard EB2 requirements. To be eligible for an NIW, one must initially meet the qualifications for EB2.

b. Your U.S. Project Matters:

• Show that your project has value and is important for the country.
• Substantial Merit: Your work should be valuable in a field important to the U.S.
• National Importance: Think about how your work can impact the nation, help U.S. workers, and boost the economy.

c. You’re Ready for Your Project:

• Prove you’re set to make your project successful.
• USCIS looks at your education, skills, knowledge, past success, plans, progress, and interest from others.
• It’s about showing you’re ready, not a promise of guaranteed success.

d. Benefits for the U.S. to Skip Job Offer and Certification:

USCIS checks if:

• It’s hard for you to get a job offer.
• Your employer can’t easily get a certification.
• Even if there are other qualified U.S. workers, the U.S. still gains from your work.
• There’s an urgent national interest that justifies skipping the certification process.

Remember, your project doesn’t have to be nationwide; even helping a struggling local area can be nationally important. Also, success certainty is not needed – showing you’re ready for success is key. Whether you’re an individual or part of a successful company, NIW is within reach.

When USCIS refers to being “on balance,” they mean that the benefits of the NIW should outweigh those of the certification.

Demonstrating “substantial merit” is flexible and can be showcased in various fields like education, health, culture, technology, science, entrepreneurialism, and business. Economic benefits do not need to be proven; the proposal can emphasize its broader impact on social welfare.

The proposed endeavor doesn’t necessarily have to impact the entire United States geographically. Even if it benefits a specific region with economic challenges, it can still be considered of national importance.

In the following video, Mr. Rizwan Ul Haque briefs the eligibility criteria for EB2 NIW Visa.

2. Advanced Degree or Exceptional Ability

Regarding the eligibility criteria, the applicant must demonstrate either the foreign equivalent of an advanced degree or exceptional ability.

For exceptional ability, it involves possessing expertise significantly beyond the norm in sciences, arts, or business. In the case of an advanced degree, the applicant needs at least the equivalent of a master’s degree. Alternatively, they can have a bachelor’s degree with five years of post-bachelor’s work experience.

It’s important to ensure that the foreign advanced degree is equivalent to its U.S. counterpart. For example, certain countries offer law degrees at the bachelor’s level, which may not qualify as an advanced degree. To verify degree equivalence, applicants can use services like World Education Services or Education Credential Evaluators.

Documents Required for NIW Application

When applying for a national interest waiver, including specific documents is important, and tailored to your case’s unique circumstances. To determine the necessary paperwork for your application, it is strongly advised to seek guidance from an experienced immigration attorney.

Here is a general checklist of documents that might be required:

1. Copies of your educational degrees
2. Evidence showcasing exceptional ability (if applicable)
3. Curriculum Vitae (CV)
4. Citation report
5. Link to your Google Scholar profile
6. Publications, articles, and books authored by you
7. Proof of prizes or awards received
8. Evidence of reviewing others’ work
9. Published material about you or your field
10. Proof of grants or patents received
11. Copy of the biographic page of your passport
12. Testimonials from experts in your field

Required Documents for Advanced Degree

To provide evidence for an advanced degree when applying, the applicant must have one of the following:

1. A diploma and transcripts confirming the equivalent of a master’s degree or higher.
2. A diploma and transcripts demonstrating the equivalent of a bachelor’s degree, along with letters from employers indicating 5 years of post-bachelor’s work experience.

These letters should highlight how the applicant enhanced their skill set during those 5 years.

Choosing this route is advisable for applicants with an advanced degree or its equivalent, as the exceptional ability category is more complex, as we will explore later.

Eligibility Requirements for Exceptional Ability

To qualify for the exceptional ability category, applicants must provide evidence of at least three of the following:

1. An official academic record indicating the attainment of a certificate, diploma, or degree from a university or school related to exceptional ability.
2. Proof of payment for services associated with the applicant’s exceptional ability.
3. A license or certification acquired by the applicant to practice their profession.
4. Membership in a relevant professional association.
5. Letters showcasing 10 years of full-time work experience in their field.
6. Recognition from peers, government agencies, or affiliated organizations, affirming the applicant’s noteworthy contributions to the field.
7. Any other pertinent proof of eligibility.

It is important not only to present the required documentation but also for the USCIS officer to be convinced of the applicant’s exceptional ability.

Visa Fee for EB2 NIW

Let’s briefly overview the costs associated with the EB-2 National Interest Waiver (NIW) application process.

The NIW applicant is initially required to pay $715 to file Form I-140. After the I-140 is approved, the subsequent steps will depend on the applicant’s current location.

For those residing in the United States, additional fees include the filing fee for Form I-485 (“Application for Adjustment of Status”), the cost of a medical exam (ranging from $200 to $400), and an $85 fee for biometrics.

Applicants living abroad will follow consular processing. The consular visa processing fee for employment-based green cards is $345.

EB-2 NIW Visa Processing Time

Let’s delve into the processing timelines for an EB-2 NIW visa.

Form I-140 Processing Time:

• The processing duration for Form I-140 ranges from 10.5 to 26.5 months, depending on the applicant’s filing location.
• Upon receiving the approval notice, applicants should consult the U.S. Department of State’s Visa Bulletin to ascertain the availability of a green card.
• For guidance on interpreting the Visa Bulletin, refer to the Boundless guide.

Green Card Application Process:

• Upon visa availability, applicants can commence the green card application process.
• If applying from within the United States, Form I-485 must be submitted. Processing times vary by location and can exceed 2 years for USCIS review.
• For applicants opting for consular processing abroad, the waiting period typically ranges from 4 to 6 months, although COVID-related delays may extend these timelines.

Note: If a permanent resident card is promptly available, submitting Form I-140 along with the green card application can expedite the process.

For real-time updates on processing time estimates, refer to the USCIS processing times tool. Applicants can also track the status of their case on the USCIS website post-submission.

Benefits of EB2 NIW Visa

1. Ability to Self-Petition

One key advantage of the EB2 national interest waiver (NIW) is the capacity to self-petition for your green card. With the national interest waiver, there’s no need to navigate the challenges of finding a U.S. employer willing to sponsor your immigrant petition. Additionally, it allows you to bypass the labor certification process altogether.

2. Speed

Another significant benefit of the national interest waiver lies in the expeditious nature of the process. Traditional employer-sponsored green card processes can be lengthy, involving extensive recruitment activities and the acquisition of an approved labor certification from the Department of Labor, a process taking several months. However, the EB2 national interest waiver eliminates the need for the labor certification process. You can directly file your immigrant petition, saving a substantial amount of time.

3. Family Benefits of EB-2 Visa Holders

If your I-140 petition for the EB-2 visa is approved, your spouse and unmarried children under 21 years old can potentially apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

Alternative Visa Options to EB2 NIW Visa

The EB-2 NIW (National Interest Waiver) is a category of employment-based immigrant visas in the United States. While the EB-2 NIW is one pathway, there are other options for employment-based immigrant visas, each with its eligibility criteria. Here are some alternatives:

In summary, each visa category serves specific purposes and has unique eligibility criteria. The EB-2 NIW stands out for its focus on national interest, exceptional abilities, and providing a pathway to permanent residency. The comparison helps individuals understand which visa aligns best with their qualifications and long-term goals.

Frequently Asked Questions (FAQs) about EB2 National Interest Waiver (NIW)

Here are common questions about EB2 NIW, but keep in mind that NIW cases are complex. It’s advisable to consult an EB2 NIW lawyer for personalized guidance.

1. What are the benefits of NIW over a regular EB-2 green card?

NIW allows self-petitioning, skipping the job offer, and PERM Labor Certification requirements. To qualify, you must prove that waiving the Labor Certification benefits the U.S. more than protecting jobs through PERM.

2. Can I get NIW if I work in a private field?

While challenging, it’s not impossible. Some in private fields skip labor certification by demonstrating federal benefits in their work. Consult an immigration lawyer for guidance.

3. Can I qualify for NIW without awards in my field?

While awards strengthen your case, not having them isn’t grounds for denial. NIW is flexible; outstanding achievements help but aren’t mandatory.

4. How Long Does It Take to Prepare an EB-2 NIW Application?

The duration varies. Assembling an EB-2 NIW application can take from several weeks to several months, depending on the situation. For those with “exceptional ability,” it may take a few months to gather the necessary evidence. In contrast, those in the “advanced degree” category might only need a few weeks to obtain their diploma and transcript.

5. What does “substantial merit” mean for NIW?

It describes endeavors with positive impacts in areas like science, technology, business, health, society, culture, education, or infrastructure. The broader the positive impact, the higher the chance of NIW approval.

6. What is a PERM Certification?

Before applying for an employment-based visa, employers typically need a permanent labor certification from the Department of Labor (DOL). DOL assesses if hiring a non-U.S. citizen would negatively impact U.S. workers’ wages or working conditions and hinder equally qualified U.S. workers from similar jobs. With an NIW, as the applicant doesn’t require a job offer, obtaining a permanent labor certification is unnecessary.

7. If denied labor certification, can I apply for NIW?

The previous denial shouldn’t impact NIW if you meet other qualifications. PERM application requirements don’t heavily influence EB-2 NIW.

8. Should I apply for NIW if applying for EB1 status?

EB1 allows self-petitioning without a job offer, making NIW unnecessary. Consult an immigration attorney to decide if applying for both is advantageous.

9. Do I need to live in the U.S. to apply for NIW?

No, residing outside the U.S. is acceptable. Exceptional achievements in your home country can be evidence for NIW.

10. Can artists and musicians apply for NIW?

Possible, but challenging. Consult your attorney to determine if it’s the right path for you.

11. Should I apply for NIW if I’ve applied under other classifications?

You can apply under multiple classifications, increasing approval odds. Be aware that the process may take longer for categories requiring labor certification.

12. Do I need letters of recommendation for EB2 NIW?

While not mandatory, letters from experts in your field carry weight and can enhance your case.

13. What Information Should Expert Letters Contain?

Expert letters should include the expert’s connection to the applicant, the national importance of the endeavor, the applicant’s track record, their ability to execute the project, references to relevant published material, and the expert’s support for the project plan. These letters strengthen the claim of waiving the certification requirement for the benefit of the United States.

14. Can I use the same recommendation letters for NIW and EB-1?

Not recommended, as criteria differ for each category.

15. Do I have to stay in the same industry after NIW approval?

Yes, working in the same field benefiting national interest is a requirement. Changing areas may risk denial of I-485, which is still in process.