EB-2 NIW stands for Employment Based Second Preference Category National Interest Waiver. It is a green card pathway offered by USCIS which does not require one to have a sponsoring employer. This is a great option for those who do not have a sponsoring employer, and instead want to self-petition for a green card. The big question is “who can apply for an EB-2 NIW?” Essentially anyone from any country can apply as long as they can represent themselves as being of a national interest to the United States. What does this mean?
The National Interest Waiver was created to provide an option for highly motivated and skilled workers to be able to still apply for a green card, but without needing to find a sponsoring employer or without having to follow the entire EB-2 green card pathway. If you are not familiar, EB-2 is quite a lengthy process requiring one’s employer to place ads, obtain a prevailing wage determination, file and obtain a PERM labor certification, etc. In order to avoid all this and its lengthy process, USCIS decided to create EB-2 NIW where an applicant can still apply for a green card without having to go through any of this. The catch is that they must prove they are of a national interest to the United States as a whole and will positively impact the Unites States’ economic growth.
A qualified applicant will have at least a master’s degree or higher or will have a bachelor’s degree plus five (5) years of relevant experience in the profession and he/she will be seen to have satisfied all three (3) prongs of the Matter of Dhanasar case. These three prongs are as follows: (1) the proposed endeavor is of substantial merit and national importance; (2) the foreign national is in a position to advance the proposed endeavor; and (3) the U.S. would benefit on balance, to waive the job offer criteria for an EB-2. A lot of people have a hard time proving they meet the three (3) prong test, mainly because they do not fully understand what the prongs mean. It is highly recommended to seek the guidance of an attorney to help you through the entire process as it can get quite overwhelming.
The amount of evidence that is needed to support one’s EB-2 NIW petition is significant. Working with the Law Office of Sovmya George, PLLC will guarantee Attorney George working with you closely on your case, telling you what documents that are needed for your petition, and will guide you through the entire process. A strong legal argument needs to be made in support of an EB-2 NIW filing. It can be difficult for someone who is not familiar with legal terminology or precedent cases to sufficiently make an argument. Therefore, if you would like to get your case started or have more questions related to EB-2 NIW, give our office a call at 972-905-0948 or email Attorney George at sovmya.george@lawofficesg.com so we can discuss your case!
