An employment-based visa, known as EB-2, is designed for those with either a high level of education or outstanding talent.
A national interest waiver (NIW) can be requested by applicants who fit into one of these categories as part of their visa application.
In the absence of a job offer or a PERM certification, NIW permits the candidate to submit this petition on their behalf.
In this article, we shall help you understand the National Interest Waiver law; when you can petition for this visa; its advantages, and how you can take the help of a new attorney to get through the process.
An opportunity for a green card based on achievement is the "national interest waiver" (NIW). If you are working on a project that is in the national interest and have a strong track record of success in your industry, you may be eligible for this waiver.
The New York State Department of Transportation had a significant role in the Board of Immigration Appeals' judgment on the requirements for National Interest Waiver cases. Therefore, the standard for eligibility for a green card in this category is laid forth in this instance.
USCIS amended its NIW Policy Manual in January 2022 to provide special attention to STEM graduates and entrepreneurs applying for national interest waivers.
Given below are some of the basic requirements for NIW—
- A certified copy of your academic record attesting to the fact that you've received a degree, diploma, certificate, or comparable honor from a college, university, school, or other higher education facility in the subject matter of your remarkable aptitude. letters attesting to your ten or more years of continuous experience in your field.
- Certification for your job or occupation, or a license to practice your profession.
- Evidence that your remarkable talent has earned you a wage or other kind of compensation for your services.
- Membership in one or more professional organizations, often ones where membership is restricted to those who have achieved a certain level of success.
- Recognition from your peers, authorities, or commercial or professional groups for your accomplishments and substantial contributions to your sector or subject.
|Circumstances: Despite the fact that one may claim that instructors, in general, carry out work with considerable worth or national significance, teaching alone does not entitle one to a waiver.|
It may be considered work of national importance for the country's educational system if the teacher has created a strategy for lowering educational disparities in school systems.
Technology breakthroughs or developments in science may also qualify. It's important to consult with a new attorney whenever you’re in confusion.
Some individuals think it's simpler to get a national interest waiver. You do not need to demonstrate "exceptional" skill, as needed in the EB-1 category, but you do need to establish that you have shown success in your profession and that your work would be advantageous to the United States.
However, there are a number of advantages to petitioning for NIW to acquire a visa—
- You don't need to have an employer sponsor your application or locate a specific position to apply for a national interest waiver to work in the US.
- Having this waiver gives you flexibility and the freedom to change jobs without risking your immigration status.
- You might also apply for this waiver on your own without the help of a new attorney.
- Unlike EB-2 and EB-3 categories, you are not needed to go through the labor certification procedure or PERM. This reduces costs, work, and time.
- If you have an H-1B visa and are employed in the United States, you can extend it for an additional six years.
- You can get your visa extended by a year if USCIS accepts your request for a national interest waiver.
Legal representation during the NIW procedure will help you save time and money and avoid refusal. A single error might cause delays of many months or even years, not to mention outright refusal.
Numerous requirements must be met during the NIW process, and a single error might result in delays of several months or even years, not to mention outright rejection. Therefore, a new attorney will first consider your credentials, prior accomplishments in your area, and the nature of your prospective business.