EB-2 NIW Green Card

The EB-2 NIW Green Card provides holders with fundamental permits that are essential for their life and work in the United States:

• Employment Permit: One of the most significant benefits of the EB-2 NIW Green Card is the ability to work in the United States without the need for employer sponsorship. Unlike non-immigrant work visas, which often tie the holder to a specific employer or job, the EB-2 NIW Green Card allows for employment mobility. This means that green card holders can change jobs, start businesses, and pursue entrepreneurial endeavors as long as they continue to work in areas that benefit the national interest.
• Residence Permit: The EB-2 NIW Green Card grants permanent resident status, allowing holders to reside in the United States indefinitely. This status comes with the freedom to live anywhere in the country, the ability to travel in and out of the U.S., and the opportunity to eventually apply for U.S. citizenship. Permanent residency also grants access to certain social benefits, including educational opportunities and healthcare services.

The EB-2 NIW Green Card grants permanent resident status to its holders. This status remains valid indefinitely, provided the individual does not commit any actions that would make them removable under immigration law, such as certain crimes or fraud.

The EB-2 NIW Green Card extends its advantages to the immediate family members of the main applicant, ensuring that families can stay together and enjoy the opportunities available in the United States:

• Children: Children under the age of 21 who are unmarried can obtain derivative status through the primary applicant’s EB-2 NIW Green Card. This allows them to reside in the U.S., attend school, and, upon reaching working age, apply for work authorization. The ability for children to pursue education in the U.S. without the need for a separate student visa is a considerable advantage for families.
• Spouses: Spouses of EB-2 NIW Green Card holders are entitled to apply for their own Employment Authorization Documents (EADs), granting them the flexibility to work in any field or position of their choosing. This benefit is particularly valuable as it enables dual-income households and allows spouses to further their own professional careers without visa restrictions.

This category is for individuals who have earned an advanced degree (Master’s, Doctorate, or equivalent) and are seeking to apply their knowledge in a professional capacity within the United States. The USCIS requires that these professionals must be applying their advanced degree to their field of expertise, potentially filling a gap in the American workforce or contributing to the current state of the art in a meaningful way.

General requirements for advanced degree professionals include:

• An official academic record showing that the applicant has a U.S. advanced degree or a foreign equivalent degree.
• If the applicant does not have a master’s or a higher degree, s/he must present a baccalaureate degree and proof of at least five years of post-baccalaureate, progressive work experience in the field.

Exceptional ability refers to a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Applicants must be able to show a history of achievements and contributions to their field that suggests they will continue to benefit the U.S. in the future.

At least 3 of the 6 criteria below must be met by the applicant:

• Official academic records showing education in the area of exceptional ability.
• Letters documenting at least 10 years of full-time experience.
• A license to practice the profession or certification for a particular profession or occupation.
• Evidence of a high salary or other remuneration for services.
• Membership in professional associations.
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

The National Interest Waiver is an exemption that allows certain EB-2 visa applicants to bypass the labor certification process if they can demonstrate that their work is of national importance. To qualify for a National Interest Waiver, applicants must meet all three of the following criteria:

• The proposed endeavor has substantial merit and national importance:
  • This criterion requires that the applicant’s proposed endeavor has significant potential impact in an area of substantial intrinsic merit, such as improving the U.S. economy, healthcare, education, or technology sectors.
• The applicant is well-positioned to advance the proposed endeavor:
  • Under this criterion, the applicant must demonstrate a track record of success in their field, such as through publications, citations, or endorsements from experts that indicate they will be able to advance their proposed endeavor.
• On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements:
  • This criterion involves a balancing test where the applicant must show that the advantages of waiving the requirements outweigh the nation’s interest in protecting U.S. workers through the labor certification process. The applicant’s work should serve a national scope and have broader implications and benefits for the entire country.

The preliminary preparation phase is crucial for potential EB-2 NIW applicants as it lays the foundation for a strong petition. This stage involves two fundamental steps:

• Evaluation of Your Case: This step requires a comprehensive review of the applicant’s qualifications for the NIW criteria, including educational background, work experience, and significant achievements. The assessment should also consider the national impact of the applicant’s work.
• Constituting Your Eligibility: After evaluating the case, applicants must gather supporting evidence such as academic transcripts, professional licenses, employment records, and recognition in their field to substantiate their eligibility for the NIW.

Compiling the necessary documentation is a critical component of the EB-2 NIW application process. Each category of applicants must present a comprehensive set of documents to establish their qualifications and the national interest of their proposed endeavor:

• For Advanced Degree Professionals:
  • Academic records demonstrating the possession of an advanced degree, such as a Master’s, Doctorate, or equivalent.
  • Professional licenses or certifications that verify the ability to practice in the professional field.
  • Letters of employment confirming professional experience, particularly if substituting for an advanced degree.
  • Documentation of any awards or honors received in the field of expertise.
  • Published scholarly articles that contribute to the field.
• For The Persons with Exceptional Abilities:
  • Official academic records showing education related to the area of exceptional ability.
  • Evidence of ten years of full-time experience in the profession, which may include letters from past employers.
  • Professional licenses or certifications.
  • Evidence of a high salary or other remuneration for services, indicative of exceptional ability.
  • Membership in professional associations that demand outstanding achievement of their members.
  • Documentation of original scientific, scholarly, or business-related contributions of major significance.
  • Published material about the applicant’s work in professional publications.
• For National Interest Waiver:
  • A comprehensive statement detailing the proposed endeavor, its national importance, and the applicant’s plan to continue work in the U.S.
  • Independent letters of recommendation from experts in the field attesting to the applicant’s achievements and the national interest of their work.
  • Evidence of past successes, such as citations, patents, or significant contracts, that can demonstrate the applicant’s influence in the field.
  • Documentation of involvement in projects that have a national scope and impact.
  • Press releases, news articles, or other media coverage highlighting the applicant’s work.
  • Reports, studies, or other analyses that feature the applicant’s contributions to the field.

Each document provided should support the narrative that the applicant’s presence and work in the United States will significantly benefit the nation. The goal is to create a compelling package that addresses all criteria for the NIW and clearly articulates the unique contributions the applicant is positioned to make.

For those already in the U.S., the adjustment of status process involves filing Form I-485 to change their status to that of a lawful permanent resident. This step is taken after the approval of the Form I-140, Immigrant Petition for Alien Worker, which is the initial petition for the NIW.

For applicants outside the U.S., consular processing involves coordinating with a U.S. consulate to obtain an immigrant visa based on the approved I-140 petition. This process includes submitting a visa application, attending an interview, and passing medical examinations.