Our attorneys have repeated successes evaluating, preparing, and filing complex and sophisticated EB-2 National Interest Waiver (NIW) petitions for Advanced Degree Professionals. Through this avenue, our clients apply for LPR status or a Green Card, by requesting that the USCIS waive the requirements of a job offer, and thus, the time-intensive labor certification process, on the grounds that it would be in the national interest. This is an Employment-based Immigrant Petition – 2nd preference.
EB-2 NIW Petition Advantages
- The foreign national can sponsor his or her own petition. A U.S. sponsor is not required to file the petition.
- No labor certification is required, shortening the overall time and effort it takes to obtain a Green Card.
- If the foreign national is in the U.S. when they file the immigrant petition, they may also be eligible to file to adjust status concurrently, or at the same time. AOS applicants may also file an application requesting work and travel authorization, enabling them to remain in the U.S., with valid work and travel authorization, while their NIW petition is pending with the USCIS. This option is an excellent path to a green card for foreign nationals in the U.S. under valid nonimmigrant H-1, L-1, or O-1 status.
- For individuals under valid nonimmigrant E-2, F-1, T/N, or B-1/B-2 status, special consideration must be given before filing for an AOS application Please contact our office for further information.
- Successful petitions can be made for professionals, managers, executives, researchers, academics, entrepreneurs, artists, and others across a broad range of economic sectors.
To qualify for an EB-2 requesting a national interest waiver, foreign nationals must satisfy two (2) criteria.
First, the petitioner must provide documentation evidencing that they qualify as an “Advanced Degree Professional” at the time of filing the immigrant petition. Two avenues exist to satisfy this requirement:
- Holding a foreign bachelor’s degree that is equivalent to a U.S. bachelor’s degree, plus five years of progressive post-baccalaureate experience, OR
- Holding a U.S. or foreign master’s degree that is equivalent to a master’s degree in the United States.
Upon request, our attorneys will refer a reputable degree evaluation service to obtain a report supporting your foreign degree’s U.S. equivalency.
Second, the petitioner must prepare, compile and present documentation that satisfies the precedential NIW case, Matter of Dhanasar., which sets forth three prongs that must be fulfilled to qualify a foreign national as an individual in the national interest of the United States.
- The petitioner’s proposed endeavor has both substantial merit and national importance.
- The petitioner is well positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
For a full review and analysis of Matter of Dhanasar, please visit the following link: (Link to Dissecting Dhanasar in Blog)
For a full review about how our firm works with clients to analyze National Interest Waiver (NIW) cases (Link to Advanced Degree NIW Memorandum in Blog)
Our Process for Filing a Successful EB-2 NIW Immigrant Petition
- Resume review
- Definition of field of endeavor
- Determination of career accomplishments to focus on
- Guidance on industry research to support the NIW petition
- Gathering objective documentary evidence to strengthen your specific case
- Guidance on who to select as possible referees to sign letters that support the case filing
- Our attorneys draft all the required reference letters to support your case. We understand the language that must be included in the support letters and which achievements best demonstrate why you are in the national interest. Our attorneys will work with you to revise and redraft the reference letters, as necessary.
- Compile all objective and testimonial evidence supporting the filing
- Our attorneys will draft a comprehensive cover letter brief, presenting the evidence holistically and in the best light to prove that you are an Advanced Degree Professional who is in the national interest of the United States.
If you have any further questions or concerns on an advanced degree national interest waiver (NIW) visa, please contact us at: firstname.lastname@example.org or call our number (305) 391-2105.
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