The United States still has a huge necessity for skilled workers and individuals with extraordinary abilities to help in the development and growth of the national economy. In this sense, qualified foreign nationals who dream about living and working in the United States legally can seize the opportunity through an application for a National Interest Waiver (NIW) green card. In this article, we provide a full guide on how to apply for an NWI green card and what to do to increase the chances of approval.
What is the National Interest Waiver Visa? – Explaining the Concept:
There are two EB-2 visas, which is the EB-2 visa obtained through a regular process and the NIW visa, which is a self-petition variation with similar characteristics. The first basic requirement for an NIW visa is that an applicant must have an advanced degree or any equivalent degree, such as a master’s degree, a doctorate, or a bachelor’s degree with at least 5 years of experience in the field. Secondly, applicants who do not have advanced education also can apply for a NIW visa, if they can demonstrate they have exceptional ability in a specific field (e.g., arts, science, entrepreneurship, etc.). NIW applicants can self-petition, which means they do not apply through a job offer such as a regular EB-2 application and are not required to have a labor certificate.
Applying for a National Interest Waiver Green Card – Further Requirements:
The applicant must show that it is in the US national interest for the government to waive the regular EB-2 requirement of a job offer and labor certification. Notice that this part is the most complex for most people to understand, which is what differentiates a regular EB-2 visa from an NIW visa. When you apply for an NIW green card, you need to convince the USCIS officers that your case does not need to go through the regular time-consuming process involving a labor certification. Hence, you want to convince the USCIS officers that it is in the best interest of the United States to not consider your case as a regular EB-5.
Applying for a National Interest Waiver Green Card – Demonstrating Value Offer is Crucial:
At the end of 2016, the Administrative Appeals Office (AAO) of the US Citizenship and Immigration Services issued a decision called the “Matter of Dhanasar.” The decision changed some of the basic requirements to establish whether an applicant is a person of national interest or not to the United States. Accordingly, after eligibility for EB-2 classification has been established, USCIS may grant an NIW visa if the petitioner demonstrates:
- The substantial merit of the endeavor proposed by the applicant.
- The national importance of the endeavor proposed by the applicant.
- The capacity to advance the proposed endeavor.
- The benefits of the proposed endeavor to the United States that justify the waive of the standard requirements of an EB-2 visa.
In this context, the applicant must demonstrate with his/her background and accomplishments that his NIW application satisfies the “best interest” requirement. Hence, it is crucial to provide all evidence related to the applicant’s professional background, education, knowledge, skills, experience, and relevance in his/her field of expertise.
Applying for a National Interest Waiver Green Card – Detailing Future Plans:
Another essential aspect of any well-succeed NIW application is demonstrating how the applicant’s plans will benefit the United States and the feasibility of those plans. Also, the USCIS officers may consider material evidence such as legally binding agreements (e.g., contracts), a memorandum of understanding (MOU), letters of intent, or other demonstrations of interest in the applicant’s endeavor. Letters from experts in the NIW applicant’s field of expertise can also provide credibility to the endeavor, as it expresses confidence that the endeavor is likely to succeed. Other significant evidence includes investors, customers, philanthropic organizations, or other relevant entities that support the applicant’s endeavor.
The Role of an Expert Immigration Attorney for Obtaining a National Interest Waiver Green Card:
An expert immigration attorney will work each case out individually, preparing the necessary paperwork, which includes using the right language and information to meet the new Dhanasar requirements. Plus, an attorney will make sure to present your case perfectly on paper. Given that all the process involves no interviews, it is what is written on paper that matters, so you need to work with your attorney to present the entire picture in the application.
We Can Help You Apply for a National Waiver Green Card:
Our team has experienced immigration attorneys that will guide you throughout the application for an NIW green card. Waste no time and money with uncertainty. Call Jurado & Associates, P.A. today at (305) 921-0976 or email us at [email protected] to schedule a consultation.